Dim Chukwuemeka Odumegwu-ojukwu V. Umaru Musa Yar’adua & Ors. (2007)

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AGBO, J.C.A.

The petitioner and the 1st respondent were candidates in the presidential election which was held on 21st April, 2007. The 2nd respondent was the running mate of the 1st respondent. The 3rd respondent was the body statutorily vested with the power and authority to conduct presidential election in Nigeria while the 4th respondent was the returning officer who declared the result of the election. The 5th respondent was the political party that sponsored the 1st and 2nd respondents for the election. After the declaration of the result of the election by the 4th respondent who declared the 1st respondent as having won the election, the petitioner, being dissatisfied with the result, filed this petition.

Upon service on the respondents of the petition, the 1st and 2nd respondents on 3rd August, 2007 filed a motion praying this court as follows:

1. An Order of this Honourable Court dismissing and/or striking out this petition.

AND FOR SUCH FURTHER OR OTHER ORDER as this Honourable Court may deem fit to make in the circumstances of this case.

AND FURTHER TAKE NOTICE that the GROUNDS upon which this is sought are as follows:

(i) That the petition is defective and in clear breach of the express provisions of the Electoral Act,

2006.

(ii) That some of the petitioner’s prayers do not flow from the petition.

(iii) That the petition is not properly constituted as persons or institutions who are proper, necessary or desirable parties and whose presence are required for a just determination of the petition have not been made parties.

The parties exchanged written addresses.

Also on the same 3rd August, 2007, the 3rd and 4th respondents filed a notice of preliminary objection seeking an order dismissing the petition on the grounds stated hereunder.

“(i) The petitioner has not disclosed any reasonable cause of action against the respondent, the petition having failed woefully to disclose any constitutional disqualification against the 1st and 2nd respondents who have not been shown to be disqualified to contest election into any office in Nigeria, particularly election into the office of President and Vice President respectively.

(ii) The petition has not disclosed any reasonable cause of action against the respondents as the grounds 1, 2 and 3 of the petition and the particulars thereunder as constituted have not shown that the election was not conducted substantially in accordance with principles of this Act or that non-compliance affected substantially the result of the election as envisaged under the provisions of section 145(1) of the Electoral Act, 2006.

(iii) The petition is a gross abuse of the process of the court