INEC & Ors V. Fazing & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO NDUKWE-ANYANWU, J.C.A.(Delivering the Leading Judgement)

This is an appeal against the judgment of the Governorship and Legislative Houses Election Tribunal Plateau State holden at Jos. The 1st, 2nd and 3rd Appellants were the 1st, 2nd and 3rd Respondents at the Tribunal. The 1st and 2nd Respondent herein were the Petitioners in the Tribunal. The grounds for the petition were that the 1st petitioner Kargwak Fazing was nominated by the 2nd petitioner Democratic Peoples Party but was unlawfully excluded by the 1st Appellant to contest for election into the Langtang South Constituency of Plateau State on the 14th April, 2007.

The 1st and 2nd Petitioner/Respondents were aggrieved that the name of the 1st Respondent and symbol of the 2nd Respondent were omitted in the ballot paper for the election into the Langtang South Constituency Election held on 14th April, 2007.

At the trial the Tribunal in its considered judgment delivered on the 12th December, 2007 nullified the election for non compliance with the provision of the Electoral Act. The Court thereafter ordered that the name of the 1st Respondent and the logo of the 2nd Respondent be in the ballot paper for the re-run.

Being dissatisfied, the 1st – 3rd Appellants filed their notice and 9 grounds of appeal. The 1st – 3rd Appellants filed their brief of argument settled by Stephen Ibyem Esq, on 17th March, 2008 and deemed properly filed and served on 16th April, 2008. In it he articulated 5 issues for determination namely:

(1) Whether the 1st and 2nd Respondents possessed the requisite locus standi to present an election petition? (Ground 1 of the Grounds of Appeal).

(2) Whether the 1st and 2nd Respondents proved their allegation of unlawful exclusion? (Grounds 2, 3, 4 and 6 of the Grounds of Appeal).

(3) Whether Section 45(1) of the Electoral Act 2006 was violated by the Appellants? (Ground 7 of the Grounds of Appeal).

(4) Whether the Honourable Tribunal rightly invoked the doctrine of estoppels against the Appellants? (Ground 5 of the Grounds of Appeal).

(5) Whether the Honourable Tribunal rightly nullified the election in respect of Langtang South Constituency? (Grounds 8 and 9 of the Grounds of Appeal).

The 1st – 3rd Appellants also filed a Reply Brief of Argument to the 1st and 2nd Respondents’ Brief of Argument on 30th April, 2008. The 1st and 2nd Respondent filed their joint Respondents’ Brief on 24th September, 2008 and was deemed properly filed and served on 17th February, 2009. In it they formulated 3 issues for determination namely thus:

(1) Whether the Lower Tribunal was correct in finding that they had jurisdiction over the petition? (Ground 1).

(2) Whether the Lower Tribunal was correct in finding that the petitioners proved the validity of the nomination of the 1st Respondent? Relates to Grounds 2, 3, 4, 6, 7, 10 and 11.

(3) Whether on the pleadings and evidence before the Tribunal, the Petitioners were entitled to judgment? Relates to Grounds 5, 8, 9, 12 and 13.