CaseLaw
Abubakar V.Dankwambo & Ors (2015) CLR 10(e) (SC)
Judgement delivered on October, 20th 2015
Brief
Facts
On the 11th day of April, 2015, election was conducted by the 4th respondent Independent National Electoral Commission (INEC) into the office of Governor of Gombe State.
The 1st respondent contested under the platform of the 3rd respondent the Peoples Democratic Party (PDP), while the appellant contested under the platform of Africa Democratic Congress (ADC).
The 1st respondent was subsequently declared winner of the election and declared the elected Governor having scored 285,369 votes against the candidate if the All Progressive Congress (APC) who came in second with 205,132 votes whilst the appellant scored 848 votes.
Dissatisfied with the result, the appellant filed a petition before the Election Petition Tribunal Gombe State praying for the nullification of the said election on the ground it was not conducted substantially in compliance with the Electoral Act,2010 as amended and the guidelines issued by the 4th respondent for the conduct of general elections.
The 1st respondent replied the petition and sought an order to strike out same on the ground that it was signed by a legal practitioner whose name is not in the Roll call of lawyers called to the Nigerian Bar thereby he cannot prepare, sign and file court processes. This argument was accepted by the tribunal.However, the tribunal regarded the petition competence in so far it was also signed by the petitioner.
Notwithstanding the ruling, the petitioner/appellant decided to appeal rather than continue with the petition. The Court of Appeal struck out some grounds of appeal as leave of court was neither sought nor obtained in respect of the said ground of appeal. Hence, a further appeal to the Supreme Court.