Dr. (Mrs.) Mariam Nnaemeka Comfort Ali & Anor V. Senator Patrick Enebeli Osakwe & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment)

This is the third time the parties are coming back to this Court over the Election Petition filed by the Appellants at the Delta State Governorship and Legislative Houses Election Tribunal, on the 26th day of May, 2007.

The election to the office of Senator for Delta-North Senatorial District held on the 29th day of April, 2007, and the 1st Respondent, who was sponsored by the 2nd Respondent, was declared the winner by the 3rd Respondent. The 1st Appellant and her party, the 2nd Appellant filed the said Petition at the Tribunal wherein they prayed for the following –

i. A DECLARATION that the 1st Respondent was not properly and/or validly nominated by the 2nd Respondent to contest the Senatorial Election for the office of the Senator for Delta-North Senatorial District and which election was held on 29th day of April, 2007.

ii. A DECLARATION that the 1st Petitioner being the person validly nominated as candidate by the 2nd Petitioner and being the person with the highest number of votes scored at the said election (save for the votes returned for the 1st Respondent upon the 1st Respondent’s invalid nomination and participation) be RETURNED by the 3rd Respondent as the winner of the election.

iii. AN ORDER restraining the 1st Respondent from parading himself as the winner of the said election or as the Senator and nor Senator Elect of the office of Senator for Delta Senatorial District.

iv. AN ORDER directing the 3rd Respondent to further recognize the Petitioner as the winner and person entitled to be duly returned to office of Senator for Delta North Senatorial District consequent upon Senatorial election of the 29th day of April, 2007.

The Grounds upon which the said Petition was predicated are that –

A. The 2nd Respondent did not validly nominate and or present any candidate to contest the above election in accordance with Section 32 of the Electoral Act.

B. The purported nomination and purported submission of the name of one Aninam Ozuem Chukwusa to contest the above election by the 2nd Respondent was not in accordance and/or in compliance with the mandatory provisions of Section 32 of the Electoral Act, 2006.

C. The 2nd Respondent did not validly change the purported candidature of the said Aninam Ozuem Chukwusa to that of the 1st Respondent to contest the above election in accordance with Section 34 of the Electoral Act, 2006.

D. The purported candidature of the said Aninam Ozuem Chukwusa was not validly withdrawn by the 2nd Respondent in accordance with the Section 34 of the Electoral Act, 2006.

E. The purported substitution, nomination and participation of the 1st Respondent in the above election was not in accordance and/or in compliance with the provisions, principles and intendment of the Electoral Act

F. The 1st Respondent whose election is questioned was, at the time of the election, not qualified to contest the election.