All Progressives Congress (APC) v. Independent National Electoral Commission (INEC) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HAMMA AKAWU BARKA, JCA (Delivering the leading judgment)

The appeal is against the judgment of the National and State House of Assembly Election Petition Tribunal sitting in Minna, the Niger State Capital and delivered on the 2nd of October, 2023.

The petition with No: EPT/NG/SHA/09/2023; Mohammed Jiya Umar and 1 Anor. v. INEC and 2 Ors. was heard by a panel consisting of Justice A. O. Otaluka, Khadi Badamasi A. Muhammed and Justice Sylvester S. Popnen; wherein judgment was entered for the 3rd and 4th respondents herein.

In brief, the germane facts giving rise to the instant appeal commenced when the 2nd and 3rd respondents amongst others participated in the House of Assembly Election for the Mashegu State Constituency of Niger State held on the 18th March, 2023. Whereas the 2nd respondent contested under the platform of the appellant (APC), the 3rd respondent contested the election under the platform of the 4th respondent, (PDP).

At the conclusion of the election, the 1st respondent (INEC) returned the 2nd respondent as winner of the said election, having scored the majority of lawful votes cast at the election, having scored 15035 votes as against the 11,886 votes scored by the 3rd respondent.

Peeved by the said declaration, the 3rd and 4th respondents challenged the said return before the tribunal vide a petition filed on 6/4/2023, predicated on three grounds, viz:

1. The 2nd respondent was, at the time of the Election, not qualified to contest the election.
2. The 2nd respondent was not duly elected by majority of the lawful votes cast at the election.
3. The election and return of the 2nd respondent was invalid by reason of non-compliance with the provisions of the Electoral Act, 2022.

And by paragraph 38 of the petition, the petitioner sought for the following reliefs:

a. That it may be determined that the 2nd respondent was, at the time of the election of 18th March, 2023 not qualified to contest the said election of Member House of Assembly, Mashegu State Constituency of Niger State held on 18th day of March, 2023.

b. That it may be determined that all the votes recorded for the 2nd and 3rd respondents in the said election of 18th March, 2023 are wasted votes as a result of the non-qualification of the 2nd respondent.

c. That it may be determined that the 2nd and 3rd respondents did not score the majority of lawful votes cast in the election of Member House of Assembly, Mashegu State Constituency of Niger State held on 18th day of March, 2023.

d. That it may be determined that the 1st and 2nd petitioners scored the majority of lawful votes cast in the election of Member House of Assembly, Mashegu State Constituency of Niger State held on 18th day of March, 2023 and therefore the 1st petitioner, being the candidate with the majority of the lawful votes cast, has been validly elected and entitled to be returned as the winner of the said election held on the 18th March, 2023.

e. An order nullifying the return and declaration of the 2nd respondent as the winner of the election of Member House of Assembly, Mashegu State Constituency of Niger State held on 18th day of March, 2023.

f. An order returning the 1st petitioner as the winner of the election of Member House of Assembly, Mashegu State Constituency of Niger State held on 18th day of March, 2023.

g. An order directing the 1st respondent to issue Certificate of Return to the 1st petitioner as the winner of the election of Member House of Assembly, Mashegu State Constituency of Niger State held on 18th day of March, 2023.