Bankole Taiwo Olanrewaju V. Independent National Electoral Commission & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the Governorship and Legislative Houses Election Tribunal, Abeokuta, Ogun State (hereafter called the Tribunal). The Ruling of the Tribunal was delivered on the 23rd day of October, 2007 whereupon the Tribunal upheld the Preliminary Objection of the 1st, 2nd, 4th to 14th Respondents and that of the 3rd and 15th Respondents, respectively. The Tribunal in its decision, struck out the petition of the Appellant as incompetent.

The background facts are that the Appellant herein contested as a candidate in the Election into the Ogun State House of Assembly seeking to represent the Odeda Constituency at the said Assembly in the Election held on 14th April, 2007. The 3rd Respondent and others were also candidates at the said election. The 3rd Respondent was credited with 13,092 number of votes while the Appellant’s votes were 5,985. The 3rd Respondent was returned as having been duly elected as the member, Ogun State House of Assembly representing Odeda State Constituency of Ogun State.

In the course of pre-trial, the 3rd Respondent moved a Notice of Preliminary Objection praying the court to strike out or dismiss the petition for want of jurisdiction. The Ruling is at pages 240 – 263 of the records. I will come to the grounds later.

Being dissatisfied with the decision, the Petitioner/Appellant lodged this appeal against same on the 13th day of November, 2007.

The Preliminary Objection which the Tribunal sustained to bring the petition to an end was dated and filed by the 3rd Respondent, on the 24th day of September, 2007 brought pursuant to Section 106 of the 1999 Constitution and paragraph 4 of the First Schedule to the Electoral Act, 2006.

The background facts are that the 3rd Respondent sought an order striking out and/or dismissing the petition for want of jurisdiction 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 Electoral 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 said election and who allegedly participated in the several electoral malpractices in the various polling units or wards in Odeda State Constituency of Ogun State (as pleaded by the Petitioner in the Petition herein).

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

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

(5) The provisions of Section 144(2) of the Electoral Act do not envisage joinder of persons whose titles are general in scope, purport and intendment or whose titles are nebulous and at large.

(6) The non-joinder of the said Presiding Officers/Persons strips this Honourable Tribunal of its requisite jurisdiction to entertain this petition.

(7) The Petition is incompetent and the Tribunal lacks jurisdiction.”