Ahmed Saka V. Mr. Pelumi Adeboiye & Anor (2009)

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SIDI DAUDA BAGE, J.C.A.

This is an appeal by the Appellant who was the Petitioner at the Governorship/National Assembly and Legislative Houses Election Petition Tribunal, Ogun State, sitting at Abeokuta, in Petition No. EPT/OG/HA/36/2007, against the Ruling of the Tribunal Coram: Honourable Justices H. M. Tsammani, B. H. Ismail, C. U. Ukpe, U. M. Sodiq and C. O. Onyeabo, delivered on the 3rd day of November, 2007 on a preliminary objection brought by the 1st 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 the election on the platform of Action Congress (AC) into the Ogun State House of assembly for Remo North Constituency and at the end of the election, the 1st Respondent was declared winner of the election by the 2nd Respondent, the Independent National Electoral commission (INEC)”

Aggrieved by the return of the 1st Respondent at the said election, the Appellant filed a Petition No. EPT/OG/HA/36/07 on the 14th of May, 2007 against the Respondents on the following grounds (in summary):-

(a) The 1st Respondent was not duly elected by a majority of lawful votes cast at the election as voting was frustrated.

(b) That the return of the 1st Respondent at the election (for Ogun State House of Assembly Remo North) 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 be determined as follows:-

(a) That the purported return of the 1st Respondent for Remo North Constituency of Ogun State Legislative House by the 2nd – 4th Respondents on the 14th April, 2007 election 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, or the Appellant be declared winner.

(b) An Order of the Tribunal that the 2nd – 4th Respondents should conduct fresh and new election in the said constituency following the due process of the law.

The 1st Respondent filed an application by way of preliminary objection dated the 27th September, 2007 and filed on the 28th September, 2007. The application is predicated on the following grounds:

(i) The Petitioner did not specify his right to present this Election Petition and therefore failed to establish his locus standi.

(ii) The Petitioner failed to comply with Section 144 (2) of the Electoral Act, 2006 by failing to properly join the individual presiding officers and other INEC Officers (who are necessary parties to the Petition; who took part in the conduct of the election in question against whom he made allegations of malpractice).

(iii) Paragraphs 10, 11, 12, 13, 14, 16, 17, 18, 19, 23, 25, 26, 27, 28, 29, 30 and 31 of the Petition are inconsistent, vague, bogus without sufficient and material particulars to sustain the allegations made therein and therefore discloses no reasonable cause of action as well as constitute an abuse of Court process.

(iv) The Petition is consequently incompetent and the Honourable Tribunal therefore lacks jurisdiction to entertain same.