Democratic Peoples Party & Anor V. The Independent National Electoral Commission & Ors (2008)

LawGlobal-Hub Lead Judgment Report

ALFRED P. EYEWUMI AWALA, J.C.A.

The 2nd Appellant as candidate sponsored by the 1st Appellant contested a rescheduled election held on 28/4/07 instead of it being part of the general election held nationwide on 14/4/07 for a seat in the Plateau State House of Assembly representing Langtang North Constituency. The rescheduled election was necessitated to accommodate the Appellants as the ballot papers provided by the 3rd Respondent for the 14/4/07 election excluded the name and logo of the 1st Appellant as required by the Electoral Act, 2006.

The 4th Respondent equally contested the rescheduled election of 28/4/08 on the platform of the People Democratic Party (PDP) not joined as a party in this Appeal. At the end of the collation of the election results the 4th Respondent was returned elected with a total of 7,308 votes while the 2nd votes. Appellant came second with a total of 6,348 votes.

Aggrieved by the election result as declared, the Appellants proceeded to file a petition No, PL/LH/EPT/18/2007 on 15/5/07 at the lower tribunal, that is to say the Governorship and legislative Houses Election Petition tribunal holden in Jos on one ground to wit:

“That the Election of the 4th Respondent was invalid for noncompliance with the provisions of the electoral Act.”

PARTICULARS

1. The 1st Respondent as the body responsible for the conduct of elections educated the electorates of the existence of separate ballot papers assigned for each election.
2. The same ballot papers Used for the Presidential elections of 21/4/2007 were used on 28/4/2007.
3. The 1st Respondent conducted another presidential election on the 28/4/2007.
4. The 1st Respondent cannot use the same ballot papers for different elections.
5. By the electoral Act, the 1st Respondent is obliged to provide separate ballot papers for the election of 28/4/2007, to incorporate the name of all the political parties contesting the election but the 1st Respondent removed the name and symbol of the LP Party, which had appeared in the ballot paper of 14/4/07, and whose candidate had not withdrawn for (sic) the contest.
6. The 2nd Respondent as Returning Officer notwithstanding the absence of ballot papers meant for the elections and unlawful exclusion of the Labour Party, the 1st Respondent accepted the counting of the ballot papers, used for the election, and declared and returned the 4th Respondent as elected.
7. The ballot papers used for the election of 28/4/07 in the Langtang North Constituency is in violation of the provision of the electoral Act (See pages 6-7 of the record).

The reliefs sought by the Appellants in their petition are as follows:-

(A) It be determined that the Labour Party and its candidate, who was validly nominated were unlawfully excluded by the 1st Respondent, from contesting the election into the Langtang North Constituency of the Plateau State House of Assembly held on April 21st, 2007.

(B) It be determined that the election or return of the 4th Respondent made by the 2nd Respondent in the election of 21/4/07 for Langtang North Constituency be nullified.

(C) It be determined that the said Nanpon T. Bongden (4th Respondent), was not duly elected or returned at the election of 14/4/07 (sic).

(D) It is determined that the 1st Respondent conducts an erection into the Langtang North Constituency, of the Plateau House of Assembly.

The 4th Respondent filed his Reply on 18/6/07; so did 1st and 3rd Respondents jointly. On 28/6/07 after the respective Replies by the Respondents; Petitioners/Appellants filed a motion on notice for an order striking out paragraphs 1,4,24 (C), 25 (I-K, N) of the 4th Respondent’s Reply to the petition supported by a 9 paragraphed affidavit wherein it is deposed that the 4th Respondent’s Reply pleads that the 2nd Petitioner/Appellant is not qualified to contest the election as he did not possess the minimum qualification of at least Secondary School leaving certificate (SSCE) pursuant to section 107 (sic) section 106 (c) of the Constitution of the Federal Republic of Nigeria 1999 to wit:

“106 subject to the provisions of section 107 of this constitution, a person shall be qualified for election as a member of a House of Assembly if ….

(c) He has been educated up to at least the School Certificate level or its equivalent…