Elizabeth-mary Nguumbul Shuluwa & Anor V. Tor J. Aye & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment)

This appeal queries the correctness of the decision of the National and State Houses of Assembly Election-Tribunal of Benue State, sitting in Makurdi (hereunder called “the trial Tribunal”), coram judice, M. A. Dipeolu, J. (Chairrnan), U. Abubakar, J.(Member) and M. B. wakili, J. (Member), in Petition No. EPT/BEN/SH/09/2015, delivered on 11th September, 2015. Before the trial Tribunal, the appellants were ,the petitioners whilst the respondents maintained their respondents’ position herein.

The facts of the petition, which transformed into the appeal, are amenable to briefness and easy appreciation. The third respondent, the Independent National Electoral Commission (INEC, for short), a body constitutionally assigned the herculean responsibility of organizing elections in Nigeria, conducted an election into the office of a member representing Katsina-Ala West State Constituency in the House of Assembly of Benue State on 1Ith April, 2015. In the said election, the first appellant was the flag bearer of the second appellant, Peoples Democratic Party (PDP): a registered

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political party in Nigeria. The second respondent, the Labour Party (LP), another registered political Party in Nigeria, had the first respondent as its standard bearer during the election. At the end of the poll exercise, the third respondent, INEC, declared and returned the first respondent as the winner of it, id est as a member representing Katsina-Ala West State Constituency in the House of Assembly of Benue State. The appellants were displeased with the outcome of the election. Hence, on 23rd April, 2015, the appellants beseeched the trial Tribunal, via a petition, predicated on three grounds, found at pages 1-22 of the printed record, and entreated it for the following reliefs:

(1) A DECLARATION that the result of the election in Tiir and Iwar wards were invalid by reason of non-compliance with the provisions of the Electoral Act, 2010 (as amended).

(2) AN ORDER cancelling results for Tiir and lwar Wards.

(3) A DECLARATTON that the 1st respondent did not obtain the majority of lawful votes cast at the election.

(4) A DECLARATION that the 1st petitioner had obtained the majority of lawful votes cast at the election.

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(5) A DECLARATION that the 1st Respondent was not qualified to have contested the election, having not met the requirements of the Electoral Act and the 1999 Constitution as at the time of the election.

(6) AN ORDER returning the 1st petitioner as the duly elected member of the Benue State House of Assembly representing Katsina-Ala West State Constituency in the election held on 1Ith April ,2015.

(7) Any further or other order that may be consequential or necessary in the circumstances of this case.

(8) ALTERNATIVELY, an order directing the 3rd respondent to conduct a re-run in Tiir and Iwar Wards to determine the winner of the House of Assembly election in Katsina-Ala West State Constituency, between the 1st petitioner and the 1st Respondent.