Nasiru Mohammed & Anor V. Kingsley O.C. Oriaku (2008)

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OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.

The two appellants Nasiru Mohammed and Independent National Electoral Commission filed an appeal against the judgment of the National Assembly Election Petition Tribunal Holden at the Federal Capital Territory Abuja delivered on Saturday 29th September 2007. As a prelude to this appeal, the 1st Respondent Kingsley Owen Chijioke Oriaku, as petitioner before the Tribunal filed his petition on the 30th of April 2007 claiming against the appellants as Respondents the following reliefs:-

(a) That it may be determined that the election conducted on 21st of April 2007 for AMAC/Bwari Federal Constituency Federal Capital Territory which excluded him from participation, even though duly nominated by his party APGA to contest in the said election is null and void.

(b) An order that a fresh election be conducted by 2nd Appellant into the office of member Federal House of Representatives for AMAC/Bwari Constituency FCT Abuja.

(c) An order that the name of his party APGA and the Logo of his party, the “Cock” be included in the ballot papers to be used for the fresh election.

At the hearing before the Tribunal the petitioner/respondent predicated his petition on his valid nomination by his party and his unlawful exclusion from the election held on the 21st April 2007 for the seat in the Federal House of Representatives for AMAC/Bwari Federal Constituency in the Federal Capital Territory Abuja. The Respondent in his testimony alleged that he was excluded from contesting in that the ballot papers used in the election omitted his party’s name and logo, which were – All Progressive Grand Alliance (APGA) and a cock. The 1st appellant responded that the petitioner/Respondent participated at the election and that the absence of the name and logo of All Progressive Grand Alliance (APGA) did not disenfranchise any voter as the polling officer at his polling station announced that any voter who wanted to vote APGA should do so by writing the name APGA on the ballot paper and thumbprint it. The Tribunal admitted nine Exhibits.

In a considered judgment of the Tribunal delivered on the 29th of September 2007 – it held as follows:-

“In the result and for all reasons we have advanced or given in this judgment, the petition of the petitioner succeeds and the election conducted by INEC, the 1st Respondent, to the House of Representatives for AMAC/Bwari Federal Constituency on 21st April 2007 is invalid.

The said election is hereby declared null and void.

Consequently the election and/or return of the 2nd Respondent – Nasiru Mohammed is hereby declared null and void and accordingly set aside.

In view of our findings and conclusions in Issues one and two in this judgment, the Independent national Electoral Commission is hereby ordered to conduct a fresh/bye election to the office of Member, Federal House of Representatives for AMAC/Bwari Federal Constituency, Federal Capital Territory Abuja within three months from today.

It is further ordered that the name of the petitioners Party – All Progressive Grand Alliance (APGA) and the logo (or symbol) of his party, the cock, shall be included in the ballot papers to be used for the said bye-election.”

Being dissatisfied with the foregoing decision, the Respondent/1st Appellant appealed-to this court. In the Notice filed on 19/10/07 the 1st appellant filed fifteen grounds of appeal.

At the hearing of the appeal on 29/1/08 the learned senior counsel for the 1st appellant Mr. D.D. Dodo SAN adopted and relied on the appellants brief filed on 30/10/07. The 1st appellant distilled five issues for determination from the grounds of appeal as follows:-