Independent National Electoral Commission (INEC) & Ors V. African Democratic Congress & Ors (2008)

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MARY U. PETER-ODILI, J.C.A.

The appellant, Independent National Electoral Commission (INEC) in this first appeal is appealing against the judgment of the Governorship/Legislative Houses Election Tribunal sitting at Lokoja, Kogi State delivered on the 6th of October, 2007. The appellant herein was the 1st respondent to the petition filed by the 1st and 2nd respondents in which they challenged the election and return of the 3rd respondent as the member representing lokoja II Constituency in the Kogi House of Assembly.

The petition was predicated on a sole ground of the alleged unlawful exclusion of the 2nd respondent from the said election by the Appellant. The petitioners at the Tribunal will continue to be referred to as 1st and 200 respondents in this appeal, while the 2nd and 3rd respondents to the petition are referred to as 3rd and 4th. The Tribunal in its judgment delivered on 6th October, 2007 allowed the petition and nullified the election and return of the 3rd respondent based on the alleged unlawful exclusion of the 2nd respondent. The Tribunal ordered a fresh election in the constituency.

Dissatisfied with the decision of the Tribunal the appellant has appealed to this court on four grounds of appear vide the Notice of Appeal dated and filed on 25th October, 2007.

STATEMENT OF FACTS

On Saturday 14th April, 2007 the Appellant conducted the Governorship/Houses of Assembly Elections throughout the country, including Kogi State. The 3rd Respondent contested the House of Assembly election for Lokoja II Constituency of Kogi State on the platform of the 4th respondent. Other candidates that contested the election are:-

(i) Aliyu Yakubu (ANPP)

(ii) Yakubu Abdulkarim (PPA)

(iii) Salihu Usman (AC)

At the conclusion of the election the Appellant declared returned the 3rd respondent as the winner of the election having scored majority of the lawful votes at the election.

On the 11th day of May, 2007 the 1st and 2nd Respondents who did not participate in the elections of 14th April 2007 filed a petition at the Tribunal sitting at Lokoja. The 1st and 2nd Respondents as petitioner challenged the election of the 3rd respondent on the following ground:-

“The 2nd Petitioner at the time of the election was unlawfully excluded by the 1st respondent to contest for the election “.

The petitioner sought the following reliefs at the tribunal.

(a) Declaration that the State Assembly election in Lokoja II Constituency of Kogi State held on 14th April, 2007 as null and void.