Olakunle Oluomo V. Independent National Electoral Commission & Ors. (2009)

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SIDI DAUDA BAGE, J.C.A.

This is an appeal by the Appellant who was the Petitioner at the Governorship/National Assembly and Legislative Houses Election Petition Tribunal, Ogun State, sitting at Abeokuta, in Petition No.EPT/OG/HA/17/2007against the Ruling of the Tribunal Coram: Honourable Justices H.M. Tsammani, B.H. Ismail, C.U. Ukpe, U.M. Sadiq and C. O. Onyeabo, delivered on the 20th of October, 2007 Preliminary Objection brought by the 3rd and 10th Respondents. The facts leading up this appeal are briefly set out as follows:-

“Elections were held throughout the Federal Republic of Nigeria on the 14th April, 2007 into the State Legislative Houses of Assembly. The Petitioner/Appellant was a candidate into the Ogun State House of Assembly for Ifo I Constituency of Ogun State, and at the end of the election, the 3rd Respondent was declared winner of the election by the 1st and 2nd Respondents”.

Aggrieved by the return of the 3rd Respondent at the said election, the Appellant filed a Petition No. EPT/OG/HA/17/2007 on the 11th of May, 2007, against the Respondents on the following grounds (in summary):

(a) That the 3rd Respondent was not duly elected by a majority of lawful votes cast at the election as voting was frustrated.

(b) That the return of the 3rd Respondent at the election (for Ogun State House of Assembly Ifo I Constituency Seat), was invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act, 2006.

The Appellant then prayed the Tribunal that, it be determined as follows:-

(a) That the purported return of the 3rd Respondent for Ifo I Constituency of Ogun State Legislative House by the 1st and 2nd Respondents on the 14th April, 2007 election be declared invalid, null and void and of no effect whatsoever, because of corrupt practices and non-compliance with the provisions of the Electoral Act.

(b) An Order of the Tribunal that the 1st and 2ndRespondents should conduct fresh and new election in the said Constituency following the due process of the law.

The 3rd and 10th Respondents filed an application by way of Preliminary Objection dated and filed 24th September, 2007. The application is predicated on the following grounds:-

(1) The Petitioner did not specify his right to present the Petition.

(2) The Petitioner failed to comply with the provisions of Section 144(2) of the Electoral Act, 2006, by failing to properly join the individual Presiding Officers, Returning Officers and/or all other persons who took part in the conduct of the said election and who allegedly participated in the several Electoral Malpractices in the various Polling Units or wards in IFO I State Constituency. (3) The Petition is incompetent and the Tribunal lacks jurisdiction.

(4) The Presiding Officers sued as parties to this Petition are merged or amalgamated together and not specified or pin-pointed to particular Polling Units.

(5) The petition is incompetent.