Dr Arthur Arguncha Nwankwo & Ors V. Alhaji Umaru Musa Yar’adua & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Ruling)

This Ruling is in respect of the motion filed by the 1st, 2nd and 3rd Petitioners/Applicants on 1st day of February 2011 and the objections filed by the 1st and 2nd Respondents and that of 3rd to 41st Respondents in relation to the said motion.

Briefly, the facts of this case are that on the 18th day of May 2007 the Petitioners filed a Petition challenging the validity of the Presidential Election held on the 21st day of April 2007.

The 3rd to 41st Respondents filed a Preliminary Objection challenging the competence of the Petition at the Presidential Election Tribunal in this Court.

The objection was based among others on the fact that it was incompetent for failing to comply with the provisions of paragraphs 4(1) (a), 4(2) and 4(4) of the First Schedule to the Electoral Act 2006.

At the conclusion of hearing of the objection by the Tribunal, the Petition was struck out.

The Petitioners appealed to the Supreme Court. On the 5th day of March 2010, the Court allowed the appeal and ordered that the Petition be heard by another panel to be constituted by the President of the Court of Appeal.

This application filed by 1st, 2nd and 3rd Petitioners/Applicants on 1/2/2011 prayed for the following reliefs:-

“(1) An order striking out the name of the 1st Respondent who is now deceased.

(2) An order for the accelerated hearing of the petition.

(3) An order of interlocutory injunction restraining the 3rd to 41st Respondents whether by themselves or through their agents or privies from conducting any fresh Presidential Election in Nigeria on 9th April 2011 or any other date or otherwise taking any steps or further steps whatsoever and howsoever towards the conduct of any such election for the office of President of Nigeria pending the determination of this appeal.

(4) An order of interlocutory injunction restraining the 2nd Respondent from presenting himself or allowing himself to be presented to the 3rd Respondent or any other authority as a candidate in any presidential Election to be held in Nigeria on any date pending the determination of this Petition.

AND for such further or other orders as this Honourable Court may deem fit to make in the circumstances.”

The application is supported by a 12 paragraph affidavit, pertinent paragraphs of which are 2 to 12 set out as follows:-