LawPavilion Online


Back

PASTOR (DR.) USANI UGURU USANI & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2019) LPELR-48777(CA)

In The Court of Appeal of Nigeria

On Thursday, the 7th day of November, 2019

CA/C/NAEA/GOV.414/2019


Before Their Lordships

ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria

TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria

ABUBAKAR MUAZU LAMIDO Justice of The Court of Appeal of Nigeria


Between

1. PASTOR (DR.) USANI UGURU USANI
2. ALL PROGRESSIVES CONGRESS - Appellant(s)

AND

1. INDEPENDENT NATIONAL ELECTORAL COMMISSION
2. SENATOR (PROF) BENEDICT AYADE
3. PEOPLES DEMOCRATIC PARTY - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Election Petition.

FACTS:
This is an appeal against the decision of the governorship Election Petition Tribunal, sitting in Calabar

The 1st Respondent conducted an election for the Governorship of Cross River State on 9th March 2019. The 2nd Respondent, who was the candidate sponsored by the 3rd Respondent at the election, was returned as the duly elected candidate at the election. The Appellants challenged the said return contending that the 1st Appellant was excluded from contesting the said election, consequent upon which they, inter alia, sought for an order nullifying the Certificate of Return issued in favour of the 2nd and 3rd Respondents and for a new date to be fixed for the conduct of the election with the 1st Appellant as a contestant.

The election petition filed by the Appellants in PETITION NO. EPT/CAL/GOV/02/2019: PASTOR (DR) USANI UGURU USANI & ANOR. vs. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS. was heard by the election petition tribunal on the testimonial and documentary evidence adduced by the parties. In its judgment which was delivered on 12th September, 2019, the Tribunal dismissed the Appellants' Petition.

Piqued by the dismissal of the Petition, the Appellants appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on the issues couched as follows:

1. Whether issues could be formulated for determination while challenging the jurisdiction of the Court.

2. Whether there exits [sic] evidence at the Tribunal that justified their Lordships holding that the 1st Petitioner had no locus standi to present the petition.

3. Whether or not the distinguished Judges of the Tribunal were right when they held that Appellants petition was an abuse of Court process.

4. Whether their Lordships at the Tribunal were right when they held that the Petitioners' case 'oscillated' around nomination and therefore a pre-election matter.

5. Whether their Lordships at the Tribunal were justified when they dismissed the Petitioners' case on the ground that same was statute barred by the provision of the 4th Alteration Act.

6. Whether or not the enforceability of the Orders and Judgment in FCT/HC/BW/CV/106/2018 and FHC/CA/CS/73/2018 was subject to Sections 31(1) and (2), and 32 (1) of the Electoral Act 2010 as amended nay evidence of submission of Form CF001 to 1st Respondent are conditions that could justify exclusion of 1st Appellants as Governorship candidate of 2nd Appellants in Cross River State.

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


Read Full Judgment