Hon. Samuel E. Allu & Anor V. Hon. Philip Aruwa Gyunka & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (DELIVERING LEADING JUDGMENT)

This appeal is an offshoot of the final Judgment of the NATIONAL AND STATE HOUSES OF ASSEMBLY ELECTION PETITION TRIBUNAL, HOLDEN AT LAFIA, NASARAWA STATE. Coram Hon. Justice Peter C. Obiorah (Chairman), Hon. Kadi Nurrudeen A. Mashi and Hon. Justice Naheem O. Durujaye, delivered on the 3rd day of September, 2015 in Petition No. EPT/NS/SEN/2/2015: Hon. Samuel E. Allu & Anor. Vs. Hon. Philip Aruna Gyunka & Ors, dismissing the said Petition. CA/MK/EP/SEN/14/2015.

The Appellants who were the Petitioners at the Lower Tribunal had approached the said trial Tribunal wherein they prayed for the following reliefs namely:

1. A declaration that the 1st and 2nd Respondents did not score the majority of Lawful votes cast in the Election of 28th March, 2015 for the office of the Senate in the Nasarawa North Senatorial District and therefore were not lawfully and validly returned as the winners of the said Election.
2. A declaration that the Election for the Nasarawa North Senatorial District of 28th March, 2015 is inconclusive in view of the fact that election did not

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hold and or results collated in respect of LGEA Primary School Polling Unit in Lambaga/Arikra Electoral Ward.

3.An Order set aside the return and declaration of the 1st Respondent as the Senator elect for Nasarawa North Senatorial District into the National Assembly in the Election of 28th March, 2015 as he Election remains inconclusive.

4. An order directing the 3rd Respondent to forthwith conduct Election in LGEA Primary school polling Unit in Lambaga/Arikpa Electoral ward to determine the actual winner of the Senatorial District Election.

The reasons for the decision of the said Tribunal can be found on pages 457 – 459 thus:

“We are convinced that Section 53 of the Electoral Act, 2010 is the only relevant Law to the facts of this Case. On that basis, we hold that the result of the Polling Unit where the Petitioners got 366 votes could not have affected the overall result of the constituency where the 1st Respondent was leading with 457 votes, in other words, if the result of the Polling Unit had not been nullified and the scores were added to the parties, the 1st Respondent would still have won the Election with this finding we are

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satisfied that the 3rd Respondent rightly exercised its discretion by going on with the declaration and return of the 1st Respondent without waiting for the conduct of another Election. We cannot close our eyes to the obvious fact that the Petitioners are the beneficiaries of the high score in the result of the disputed Polling Unit They scored 366 votes to the 1st Respondent’s paltry 36 votes. The petitioners called the Polling Unit their “identified strengths and strong support base.” if it were so, the Petitioners should have gotten it right the first time which was on 28th March, 2015. We cannot give them another chance at remedying their position by ordering for the conduct of another election at the Polling Unit The opportunity has come and gone and the result rightly nullified for over voting. it shall remain null and void for purposes of this election. From all the angles we have looked at this matter, we are satisfied that the 1st Respondent was rightly returned as the winner of the Election. The Petitioners have failed to establish that the 1st Respondent did not score a majority of lawful votes cast at the election. We therefore, resolve the lone

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issue for determination in favour of the Respondents, In finality, we declare that there is no merit in this Petition, it is accordingly dismissed. For avoidance of doubt, we hereby reaffirm the return of HON. PHILIP ARUWA GYUNKA Of the Peoples Democratic Party as the duly elected Senator representing Nasarawa North Senatorial District of Nasarawa State in the Senate of the Federal Republic of Nigeria.”

The Appellants were dissatisfied with the above findings of the trial Tribunal and they filed Notice of Appeal dated 22nd day of September, 2015 on the same date containing fourteen grounds which without their particulars are as follows:

“GROUND ONE