Rt. Hon. Prince Terhemen Tarzoor And V. Ortom Samuel Ioraer (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment)

In the election conducted by the INEC 3rd Respondent on the 11/4/2015 for the office of the Governor of Benue State, the Appellant had contested under the platform of the Peoples Democratic Party (PDP), one of the registered political parties in the Country. The 1st Respondent, under the sponsorship of the 2nd Respondent, also contested the said election at the end of which he was declared and returned as the winner by the 3rd Respondent.

Aggrieved by the declaration and return of the 1st Respondent as the winner, the Appellant, in exercise of the right conferred under Section 137(1)(a) of the Electoral Act, 2010 (as amended), challenged same by way of an election petition presented before the Governorship Election Petitions Tribunal established for Benue State, sitting at Makurdi (to be called Tribunal after now).

As set out in the petition filed on the 29/4/2015, the grounds upon which it was premised are thus:

i. Your Petitioner states that the 1st Respondent, Ortom Samuel Ioraer was, at the time of the Election, not qualified/disqualified to contest the Election.

?ii. Your Petitioner states that the

Declaration and Return of the 1st Respondent aforesaid was invalid by reason of non compliance with the mandatory provisions of the Electoral Act, 2010 (as amended) and the 1999 Constitution of the Federal Republic of Nigeria (as amended).

iii. Your Petitioner states that the 1st Respondent was not duly elected by a majority of lawful and valid votes cast at the Governorship Election in Benue State held on the 11th day of April, 2015 and announced on 13th day of April, 2015.

In the premises of these grounds, the Appellant claimed the following reliefs from the Tribunal:

i. That it may be determined and doth declared that the 1st Respondent was not qualified and/or was disqualified from contesting the Election to the Office of Governor of Benue State on the 11th day of April, 2015 having not satisfied the mandatory requirements of the Electoral Act, 2010 (as amended) and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

?ii. That it may be determined and doth declared that based on the lawful votes cast at the said Election, the 1st Petitioner ought to have been returned as the Governor of Benue State as he scored the majority of the lawful and

valid votes cast and also satisfied other requirements of the Electoral Act, 2010 (as amended) and the Constitution of the Federal Republic of Nigeria, 1999 (as amended) hence all the votes cast for the 1st Respondent were invalid on account of his not being a Candidate for the Election aforesaid.

iii. That it may be determined and doth declared that the Petitioner who was the Candidate of the Peoples Democratic Party was duly Elected or Returned by the majority of lawful and valid votes cast at the Governorship Election in Benue State held on the 11th day of April, 2015 and declared on 13th April, 2015.

iv. An order of the Honourable Tribunal directing the 3rd Respondent to withdraw the Certificate of Return issued to the 1st Respondent in error and issue same to the Petitioner as the winner of the Governorship Election in Benue State held on the 11th day of April, 2015 having scored the majority of lawful and valid votes cast at the Election and also satisfied the other requirements of the Electoral Act, 2010 (as amended) and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).