Hon. Barambu Umaru Kawuwa & Anor V. Peoples Democratic Party & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Lead Ruling)

As part of the General Elections held in Nigeria in 2015, the 3rd Respondent, Independent Electoral Commission (INEC) conducted Elections into the Akko Federal Constituency of Gombe State into the Federal House ofRepresentatives, Abuja on 28/3/2015. At the conclusion of the exercise the 3rd Respondent declared the 1st Applicant as the winner of the said Election.

The 1st and 2nd Respondents by an Election Petition No: EPT/GMB/HR/4/2015: Peoples Democratic Party & Anor V. Hon Barambu Umaru Kawuwa & Ors filed on 18/4/2015 before the National and State House of Assembly Election Tribunal Gombe unsuccessfully challenged the validity of the return of the 1st Applicant, which judgment dismissing the Election Petition filed by the 1st and 2nd Respondents was delivered on 15/9/2015.

?The 1st and 2nd Respondents had by an appeal filed on 22/9/2015, successfully challenged and won partly the appeal against the judgment of the said Election Tribunal, which by an unanimous judgment of this Court delivered on 29/10/2015, set aside the judgment of the said Election

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Tribunal and in its stead declared the 1st Applicant herein as not being qualified to contest the said election as candidate of the 2nd Respondent and consequently nullified both the declaration and return of the 1st Applicant and the questioned election and ordered the 3rd Respondent, INEC herein to conduct a fresh election into the Akko Federal Constituency of Gombe in the Federal House of Representatives Abuja within 90 days from the date of the judgment of this Court.

Now, by Section 246(1) of the Constitution of Nigeria 1999 as amended, appeals from decisions of the said Election Tribunal vested with jurisdiction to hear and determine Election Petitions against the declarations made by INEC in elections into the National and State Houses of Assembly lies to this Court and by virtue of Section 246(3) of the 1999 Constitution of Nigeria as amended, the decisions of this Court on appeals from the said Election Tribunals on elections into the National and States Houses of Assembly is final and thus subject to no further appeal to any other Court in the land.

?By the combined provisions of Sections 246(1); 246(3); 285(5); 285(6) and 285(7) of the

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Constitution of Nigeria 1999 as amended andParagraph6 of the Election Tribunal and Court Practice Directions, 2011,together with the facts in the affidavit in support, counter affidavit and further and better affidavit, I find the following facts as sacrosanct in this application, namely:

1. For an Election conducted into the Akko Federal Constituency of Gombe State into the Federal House of Representatives on 28/3/2015 and which results were declared on 28/3/2015, an Election Petition challenging its outcome must be filed within 21 days from 28/3/2011.
2. The Election Petition filed by the 1st and 2nd Respondents on 18/4/2015 challenging the outcome of the said Election was filed within the 21 days period as prescribed by law.
3. The Election Tribunal had 180 days from 28/4/2015 to hear and deliver its judgment on the Election Petition filed by the 1st and 2nd Respondents, and which judgment dismissing the Petition of the 1st and 2nd Respondents was delivered on 15/9/2015 within the 180 days period as prescribed by law.
4. The 1st and 2nd Respondents filed their appeal against the judgment of the Election Tribunal on 22/9/2015 within the

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21 days period as prescribed by law.

5. By the delivery of the judgment of the Election Tribunal on 15/9/2015, the 60 days period prescribed by law for the determination of the appealed expired on 15/11/2015.
6. The appeal filed by the 1st and 2nd Respondents against the judgment of the Election Tribunal was determined by this Court on 29/10/2015 within the 60 days period as prescribed by law.
7. The judgment of this Court on appeals from the Election Tribunal involving Elections into the National Assembly as in the instant application is final.

My lords, having set out as above the detailed back ground facts leading to the filing of this application, let me now proceed to consider the present application filed by the Applicants on 25/1/2016.

By an application filed on 25/1/2016, the Applicants are seeking the following reliefs, namely;