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PEOPLES DEMOCRATIC PARTY (P.D.P.) & HON. UCHE LILLIAN EKWUNIFE V. CHIEF (SIR) VICTOR UMEH & ORS.

(2017) JELR 56759 (SC)

Supreme Court  •  SC. 204/2016  •  10 Feb 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC MARY UKAEGO PETER-ODILI JSC OLUKAYODE ARIWOOLA JSC AMINA ADAMU AUGIE JSC EJEMBI EKO JSC

Appearances
P.I.N. Ikwueto, SAN (with him, Ifeatu E. Ebiokoye, Esq., C.I. Mbaeri, Esq., C. Ogbuefi, Esq., C. D. Ezeh. Esq., N.U. Odimegwu (Miss), and C.C. Emekekwe, Esq.) for the Appellants; Dr. Alex A. Izinyon, SAN, and J.S. Okutepa, SAN (with him, G.C. Igbokwe, Esq., K.O. Omoruan, Esq., F.O. Izinyon, Esq., H. Abdurahman (Mrs.), E. Oghojafor, Esq., L.O. Fagbemi, Esq., Ojonim S. Apeh, Esq., Abodia O. Okutepa (Miss), and Ikechukwu Ezechukwu Jnr., Esq.) for the 1st and 2nd Respondents; S.O. Ibrahim, Esq. (with him, Rahimatu Aminu (Mrs.) and Ahmed Goni Ismail, Esq.) for the 3rd - 12th Respondents.

Judgement

AUGIE JSC (Delivering the Lead Judgment): This appeal relates to the senatorial election held in Anambra State, on 28 March 2015 and the appeal turns purely on the issue of jurisdiction.

The 1st and 2nd respondents had challenged the return of the 2nd appellant as the duly elected Senator representing the Anambra Central Senatorial District, at the Anambra State National Assembly Election Tribunal (the Tribunal), on the following grounds -

(a) That she was not duly elected by a majority of lawful votes cast at the election.

(b) That her election and return was invalid by reason of corrupt practices and substantial non-compliance with the provisions of the Electoral Act, and that;

(c) She was at the time of the election not qualified to contest the election.

After the tribunal dismissed their petition in its judgment delivered on 9 October 2015, they appealed to the court below, wherein they raised three issues for determination, including issue 1, which question -

“Whether the l…

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