Hon. (Barr.) Diewortio Wilson Wuku V. Youpele Kallango & Anor (2003)

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MICHAEL EYARUOMA AKPIROROH, J.C.A.

This is an appeal against the rulings of the National Assembly/Gubernatorial Election Tribunal sitting at Yenagoa, delivered on 2nd and 4th June, 2003.

The appellant was a candidate in the House of Representative election Southern Ijaw Federal constituency held on 12th April, 2003. At the end of election the 1st respondent was declared the winner. Dissatisfied with the declaration of the 1st respondent as the winner, the appellant filed his petition in the Tribunal against the declaration of the 1st respondent as the winner of the election. Counsel entered conditional appearances for the Respondents including the Attorney General Bayelsa State who entered appearance for the 2nd – 22nd Respondents.

The Attorney-General also filed a preliminary objection whereupon counsel for the appellant took objection to appearance of the Attorney General but it was ruled that the Attorney General could appear for the 2nd – 22nd respondent by virtue of paragraph 73(3) of the First Schedule to the Electoral Act 2002.

The preliminary objection filed by the respondents were thereafter consolidated and argued together. The Tribunal gave its ruling on 4th June, 2003 and struck out the petition.

Dissatisfied with the ruling, the appellant has appealed to Court and formulated the following issues for determination:

(i) “Whether the petitioner has locus standi to bring the petition.

(ii) Whether from the facts disclosed in the petition, the Tribunal could exercise jurisdiction to entertain same.

(iii) Whether the petition conforms with the provisions of the Electoral Act particularly paragraph 4(1) of the 1st Schedule.”

The 1st respondent framed 3 issues for determination as follows:

“Whether the petitioner possessed no requisite legal capacity to present the election petition.

Was the Honourable Tribunal right in declining jurisdiction to entertain and adjudicate on the election petition on the ground that;

(a) The issue or cause of action raised in the election petition was not reasonable, and/or a domestic issue and therefore not justiciable; and

(b) The election petition was not properly constituted in that a proper party was not joined.