Dr Umar Ardo V. Independent National Electoral Commission & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

This Appeal relates to the gubernatorial election conducted by the 1st Respondent [INEC] in Adamawa State on 28/2/2015. The Appellant, as an indigene of Adamawa State and a Politician, who registered to vote and be voted for in the State, instituted an action by way of Originating Summons at the Federal High Court, Abuja [trial Court], wherein he submitted the following question for determination-

Whether having regards to Subsections 178(2) and 180(2) (sic) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st Respondent i.e., [INEC] can Legally conduct Governorship election in Adamawa State on Saturday,28 February 2015

He also sought the following reliefs against the thirteen Defendants –

1. A DECLARATION that having regard to Subsection 178(2) and 180(2) of the Constitution (as amended) the tenure of office of Barrister Bala James Ngilari who took Oath of Allegiance and Oath of Office, as Deputy Governor, of Adamawa State on 13/2/2012, and in that capacity, assumed office as Governor of Adamawa State after the impeachment of the

1

Governor, Admiral Muritala Nyako, expires on 12/2/2016.

2. A DECLARATION that having regard to Subsection 178(2) of the (1999) Constitution – – (as amended), the 1st Respondent cannot legally conduct Governorship election in Adamawa State on a date earlier than one Hundred and Fifty days before 12-2-2016 when the tenure of office of Barrister Bala James Ngilari expires as Governor of Adamawa State
3. A DECLARATION that the Governorship election scheduled by the 1st Respondent to hold on Saturday, 28/2/2015, is a breach of Subsection 178(2) of the Constitution – (as amended).
4. AN ORDER OF INJUNCTION restraining the 1st [Respondent] from conducting Governorship election in Adamawa State on 28/2/2015 which is a date earlier than one hundred and fifty days from 12/2/2016 when the tenure of office of Barrister Bala James Ngilari expires as Governor of Adamawa State.

The Originating Summons filed on 5/2/2015, was supported by a 24-paragraph Affidavit, and 11-paragraph Further and Better Affidavit wherein it was averred as follows in paragraph 7 thereof that –

The 1st [Respondent]’s deposition in its Counter-Affidavit to the

2

Originating Summons that Admiral Murtala Nyako (Rtd.) and Barrister Bala Ngilari took the Oath of Allegiance and Oath of Office as Governor and Deputy Governor respectively on 8/2/2012 is correct.

The Originating Summons was initially taken out against INEC and twelve Political Parties, which included the 2nd to 5th Respondents, as the 2nd, 3rd, 10th and 13th Defendants. The 6th Respondent, who was then the Governor-Elect of Adamawa State, applied to the trial Court and was subsequently joined as the 14th Defendant, to the said Suit. Whereupon, the Appellant filed an Amended Originating Summons, containing the same reliefs and orders sought in the original process.

In addition to their Counter-Affidavits, the Respondents filed Preliminary Objections to the Originating Summons to the effect that the Appellant had no locus standi to bring the action; that the action is merely academic; and that it constitutes an abuse of Court process.

In his Judgment delivered on 17/7/2015, the learned trial Judge, Chukwu, J., noted that what is in the Preliminary Objection is what is canvassed in the Counter-Affidavits so determining the Objection will

3