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YAHAYA MOHAMMED SANI & ANOR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2024) JELR 114853 (SC)

Supreme Court  •  SC/CV/1242/2023  •  25 Jan 2024  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC UWANI MUSA ABBA AJI, JSC MOHAMMED LAWAL GARBA, JSC IBRAHIM MOHAMMED MUSA SAULAWA, JSC TIJJANI ABUBAKAR, JSC

Appearances
Olusegun O. Jolaawo, SAN (with him, B. Oyefeso, Esq.; R.R.Okotie-Eboh, Esq.; D.E. Amaefula, Esq. and H.M. Tukur,Esq.) for the Appellant. S.D. Toklen, Esq. (with him, K. Mando, Esq.) for the 1st Respondent. Chief Kanu G. Agabi, SAN (with him, U. Njoku, Esq. and U.Ude, Esq.) for the 2nd Respondent.

Judgement

MOHAMMED LAWAL GARBA, J.S.C. (DELIVERING THE LEADING JUDGEMENT): The 1st appellant; sponsored by the 2nd appellant and the 2nd respondent sponsored by the 3rd respondent, contested the Governorship election for Taraba State conducted by the 1st respondent on the 18thof March, 2023. At the end of the election, the 2nd respondent was declared and returned as the winner with Two Hundred and Fifty Seven Thousand, Nine Hundred and Twenty Six (257,926) votes while the 1st appellant was declared to have scored Two Hundred and Two Thousand, Two Hundred and Seventy-Seven (202,277) votes, to place 2nd in the election.

Dissatisfied with the results declared and the return of the 2nd respondent as the duly elected Governor of Taraba State, the appellants filed a joint petition before the Governorship Election Tribunal, setting at Jalingo (Tribunal) to challenge same on two grounds as follows:-

(a) That the election of the 2nd respondent is invalid by reason of non-compliance with the provisions of …

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