Abiodun Olaosebikan V. Independent National Electoral Commission & Ors. (2009)

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SIDI DAUDA BAGE, J.C.A.,

This is an appeal by the Appellant who was Petitioner at the Governorship/National Assembly and Legislative Houses Election Petition Tribunal, Ogun State, sitting at Abeokuta, in Petition No. EPT/OG/HA/11/2007, against the Ruling of the Tribunal Coram:- Honourable Justices H.M. Tsammani, B. H. Ismail, C. U. Ukpe, U. M. Sadiq, and C. O. Onyeabo, delivered on the 18th of October 2007, on a preliminary objection brought by the 2nd Respondent. The facts leading up this Appeal are briefly set out as follows:-

“Elections were held throughout the Federal Republic of Nigeria on the 14th April, 2007 into the State Legislative Houses of Assembly. The Petitioner/Appellant contested as a Candidate for Ogun State House of Assembly for Abeokuta II Constituency, and at the end of the election, the 1st Respondent, the Independent National Electoral Commission (INEC) declared the 2nd Respondent as the winner of the election.”

Aggrieved by the return of the 2nd Respondent at the said Election, the Appellant filed a Petition No. EPT/OG/HA/11/2007 against the Respondents on the 11th of May 2007, on the following grounds. (in summary):-

“(a) The 2nd Respondent was not elected by the majority of lawful votes cast at the election, as voting was frustrated, and causes of over voting.

(b) That the return of the 2nd Respondent at the election (for Ogun State House of Assembly Abeokuta II), was invalid by reasons of corrupt practices, and non-compliance with the provisions of the Electoral Act, 2006.

The Appellant then prayed the Tribunal that it should be determined as follows:-

“(a) That the purported return of the 2nd Respondent for Abeokuta II of Ogun State Legislative House by the 1st Respondent on the 14th April, 2007, be declared invalid, null and void and of no effect whatsoever, because of corrupt practices and non-compliance with the provisions of the Electoral Act.

(b) An Order of the Tribunal that the 1st Respondent should conduct fresh and new election in the said Constituency following the due process of the law.”

The 2nd Respondent filed an application by way of preliminary objection dated 24th September, 2007. The application is predicated on the following grounds:-

“(1) The Petitioner did not specify his right to present the Petition.

(2) The Petitioner failed to comply with the provisions of Section 144(2) of the Election Act 2006, by failing to properly join the individual Presiding Officers, Returning Officers and or all other persons who took part in the conduct of the election and who allegedly participated in the several electoral malpractices in the various Polling Units or Wards in Abeokuta South II State Constituency of Ogun State.

(3) The aforementioned persons are necessary parties for the determination of this Petition.

(4) The Presiding Officers sued as parties to this Petitions, are merged or amalgamated together and not specified or pin-pointed to particular Polling Units.