Emmanuel Goar V. Kelvin Tongrang Dasun & Ors. (2009)

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ABUBAKAR DATTI YAHAYA, J.C.A,

The 1st appeal No. CA/J/EP/HA/240/07 is an appeal against the judgment of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal (the lower Tribunal), holden at Jos, Plateau State. The lower Tribunal had nullified the election and return of the appellant herein, in respect of the election into the Pankshin North Constituency of the Plateau State House of Assembly, held on the 14th April 2007, and ordered a bye-election, to include the names and logo of the Respondents herein. That decision is what culminated into these appeals.

The 2nd respondent herein, a registered political party, nominated and sponsored the 1st respondent herein, Kelvin Tongrang Dasun, as a candidate for the House of Assembly seat of the Pankshin North Constituency, Plateau State, in the election which was held on the 14th of April 2007. On the day of the election, the names and logo of the 1st and 2nd respondents were missing from the ballot papers. Although they protested to the 3rd to 5th respondents herein, the election was held without them participating. At the close of voting, the appellant was returned as elected, by the 3rd – 5th respondents. The result of the election is as follows:-

Emmanuel Goar (PDP 22,752

Johnson P. Yilwan (AC) 17,332

Barrister Chris Alli (ANPP) 1,640

Felix Kwamek (AD) 247

Annaseh Watyil (PDP) 36

Tongshakka B. Gottom (LP) 1,731

No votes- were recorded for the -1st and 2nd respondents. They as petitioners, challenged the declaration at the lower Tribunal on the grounds

GROUND 1

(a) The 1st petition was validly nominated as the candidate of the 2nd petitioner, but was unlawfully excluded from the election.

PARTICULARS OF UNLAWFUL EXCLUSION

(i) The 1st petitioner was validly nominated by the 2nd Respondent in compliance with the provision of the Electoral Act.