Alhaji (Dr) Aliyu Akwe Doma & Anor V. Independent National Electoral Commission & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A (Delivering the Leading Judgment)

On the 26th April 2011 Gubernatorial Elections were held in most States of the Federal Republic of Nigeria and Nassarawa State in particular. The1st Appellant and the 4th Respondent contested the Election under the platform of their individual political parties.

The 1st Appellant contested the Election under the platform of the second Appellant People Democratic Party (PDP) while the 4th Respondent contested under the platform of Congress for Progressive Change (CPC).

The 1ST- 3RD Respondents including other officers and/or agents of the 1st Respondent conducted the election as empowered by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act 2011 (as amended).

At the conclusion of the election the 4th Respondent was returned and declared winner of the election by the 1st – 3rd Respondent with a total vote of 324,823 as against the 1st appellant who scored 320,938, a difference of 3, 885 votes.

The Appellants being dissatisfied with the return of the 4th Respondent as Governor of Nassarawa State duly filed a petition before the Governorship Election Petition Tribunal for Nassarawa State on the 17th day of May, 2011. The said petition is in volume 1 pages 1 – 347 of the record of appeal.

The grounds of the petition and the reliefs sought by the petitioner are contained on pages 88 – 93 of volume 1 of the record of appeal and they are hereby adumbrated as follows:

“Petitioners state that the grounds for bringing this petition are as follows:

i) The 4th Respondent was not duly elected by majority of lawful votes cast at the Nassarawa State gubernatorial election held on the 26th April, 2011;

ii) The election in the disputed polling units and wards, fully stated facts in support of this petition, was invalid by reason of corrupt practices; and

iii) The election and return of the 4th Respondent was/is vitiated by non – compliance with the provisions of the Electoral Act, 2010 (as Amended).”

THE RELIEF SOUGHT BY THE PETITIONERS ARE AS FOLLOWS:

“WHEREOF the petitioners claim against the respondent jointly and severally as follows:

1) An order nullifying the result of the Governorship election of 26th April, 2011 in Nassarawa State in the disputed polling units namely: