Bala A. Bako V. Independent National Electoral Commission & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the National and State Houses of Assembly Election Petition Tribunal Holden at Jos, Plateau State, Nigeria delivered on 20th day of March, 2013.

The brief facts of the case are that the Independent National Electoral Commission was constrained to hold a By Election for PLATEAU NORTH SENATORIAL DISTRICT on 6th day of October, 2012 following the demise of the Senator representing the said Senatorial District.

Prior to that date and that was precisely on 23rd day of August, 2012, the Independent National Electoral Commission issued out time table of activities for the said by election for Plateau North senatorial District and Barkin Ladi constituency of Plateau State. The Political Parties interested in taking part in the election were asked to conduct their party primaries to enable them to democratically nominate candidates for the elections as required by Section 87 of the Electoral Act 2010 between 24/8/12 to 15/9/2012.

The last day for submission of candidates’ name by political Parties was fixed for the 24th day of September, 2012. See pages 34 – 35 of the Record. The Peoples Redemption Party (PRP) submitted the name of BALA A. BAKO (Originally 1st Petitioner in this matter at the court below) to the 1st Respondent in this Appeal as the party’s Candidate for the said Senatorial Election.

By a letter dated 26th September, 2012, Reference No. INES/LEG/PL/BE/7/32 the 1st Respondent wrote to inform the National Chairman of Peoples Redemption Party, Appellant’s party and Sponsor, as follows:-

“RE: PLATEAU NORTH SENATORIAL BYE ELECTION 2012.

Your letter of 21st September, 2012 on the above refers.

2. The Commission observed that your political Party neither issued notice to the Commission of its intention to conduct primary election for selection of its Senatorial candidate for Plateau North Senatorial District nor conducted any Primary Election for the selection of the Senatorial candidate for the upcoming bye election in the state.

The submission of the name of Bala A. Bako as the candidate of the People’s Redemption Party contravenes the provisions of section 87 of the Electoral Act 2010 (as amended.) and is accordingly not accepted by the Commission.

4. For the avoidance of doubt, neither the People’s Redemption Party nor its candidate will be on the ballot for the Plateau North Senatorial District Bye Election 2012.

Sgd

ABDULLAHI A. KAIGAMA.

Secretary to the Commission”

See page 36 of the Record.

There is nothing on the record to show what was the reaction of the Appellant and what his Party did in reaction to the above quoted letter from the 1st Respondent until the said Senatorial By Election was held on 6/10/2012. Upon the declaration of the 1st Respondent that the 2nd Respondent GYANG N. S. PWAJOK won the Election the Appellant and his Party as 1st and 2nd Petitioners presented their Petition against the 1st, 2nd and 3rd Respondents and sought for the following reliefs viz:-