MR. DAVID UMARU ALL NIGERIA PEOPLES’ PARTY (ANPP) V. DR. MUAZU BABANGIDA ALIYU PEOPLES’ DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION RESIDENT ELECTORAL COMMISSIONER, NIGER STATE ELECTORAL OFFICER, LAVUN L.G.A., NIGER STATE ELECTORAL OFFICER, EDATI L.G.A., NIGER STATE ELECTORAL OFFICER, BIDA L.G.A., NIGER STATE ELECTORAL OFFICER, LAPAI L.G.A., NIGER STATE ELECTORAL OFFICER, GBAKO L.G.A., NIGER STATE ELECTORAL OFFICER, MOKWA L.G.A., NIGER STATE ELECTORAL OFFICER, KATCHA L.G.A., NIGER STATE ELECTORAL OFFICER, WUSHISHI L.G.A., NIGER STATE ELECTORAL OFFICER, M AGAMA L.G.A., NIGER STATE ELECTORAL OFFICER, RIJAU L.G.A., NIGER STATE ELECTORAL OFFICER, AGAIE L.G.A., NIGER STATE
(2009) JELR 56656 (CA)
Court of Appeal
•
19 Feb 2009
•
Nigeria
Coram
RABIU DANLAMI MUHAMMAD JCA (Presided) UWANI MUSA ABBA AJI JCA (Read the Lead Judgment) MARY PETER-ODILI JCA ABDU ABOKI JCA AYOBODE OLUJIMI LOKULO-SODIPE JCA
Appearances
Chief M.I. Ahamba, SAN (with Rickey Tarfa, SAN, Chief Ngige SAN, Chief Theo Nkire, Esq., Val I. Ikeonu, Esq., M.K. Usman,
-*-
Esq., A.J. Awonikoro, Esq., Y.C. Maikyau, Esq., Bamidele Aturu, Esq., J. Babayemi, Esq., O. Jolaawo, Esq., O.A. Jtedjere, Esq., Ifeanyi Ngige, Esq., Fatima Ahman, Esq., A.C. Aderemi, Esq., Ubuo Eyo, Esq., N. Ojiako (Miss), M.E. Abubakar, Esq ., and B. Iginosa, Esq.,)
-*-
for the Appellants.
-*-
Olajide Ayodele, SAN, (with A.N. Yisa, Esq., Garba Tumaka, Esq., Bello Danyaya, Esq., Mika Anache, Esq., Danlami Baba Esq., J.M. Kallamu, Esq., Kolo Makama, Esq., and Ahmed Mohammed, Esq.,)
-*-
for the 1st Respondent.
-*-
Rotimi Ojo, Esq., (with Tanko Beji, Esq., Musa Suleiman, Esq., Vero Ndanusa, (Mrs.) TasallaJiya (Miss), Gimba Mohammed, Esq., Joseph Odunu, Esq., Iliyasu Mohammed, Esq., Folorunsho Isaac, Esq., and Eucharia Nwapa (Miss)) - for the 2nd Respondent.
-*-
Dr. S.S. Ameh, SAN, (with Helen Mark, Esq., O.S. Olaiya, Esq.,
-*-
F.I., Umahi, Esq., U.A. Ozigi, (Miss) and Okeli Humphrey Esq., - for the 3rd - 15th Respondents.
Judgement
ABBA -AJI JCA (Delivering the Lead Judgment): This is an appeal against the interlocutory and final decisions of the National Assembly, Governorship and Legislative Houses of Assembly Election Tribunal, holden at Minna, Niger State as contained in the ruling delivered on 22 October 2007 and the final decision delivered on 9 June 2008.
On 14 April 2007, election was conducted by the Independent National Electoral Commission, the 3rd respondent herein into the office of the Governor of Niger State. The 1st appellant, David Umaru was sponsored by the 2nd appellant, the All Nigeria Peoples’ Party (ANPP) to contest the said election. The 1st respondent was also sponsored by the 2nd respondent, the Peoples’ Democratic Party (PDP) to contest the election. Other political parties also sponsored candidates for the election, but for the purpose of this appeal, it is irrelevant to delve into their contest as they were never joined in the petition. At the conclusion of the elections, the 3rd and…