CaseLaw
Abubakar & Anor V. Sen. Musman & 3Ors (2017) CLR 3(a) (SC)
Judgement delivered on March, 10th 2017
Brief
Facts
On the 28th of March 2015, the 1st appellant herein contested in the National Assembly Election for Kogi East Senatorial district as a candidate of the 2nd appellant while the 1st respondent contested as a candidate of the 2nd respondent.
At the conclusion of the election which was conducted by the Independent National Electoral Commission (INEC), the appellant was declared the winner of the election.
Dissatisfied with the decision, the 1st and 2nd respondent petitioned the National Assembly Election Petition Tribunal Lokoja with the contention that the 1st appellant was not qualified to contest in the said election.
Prior to the election tribunal, the 1st and 2nd respondents contended that having obtained the 2nd highest votes in the result of the election, they should be declared the winner. Subsequently, the trial tribunal agreed and nullified the election of the 1st appellant and declared the 1st respondent winner of the election.
Upon dissatisfaction with the decision of the tribunal, the appellants appealed to the Court of Appeal which agreed with the tribunal that no evidence given to any primary election was held by the 2nd appellant for the nomination of the 1st appellant.
Consequently, the Court of Appeal upheld the nullification of the election of the 1st appellant; however, it set aside the decision of the trial Tribunal which declared the 1st respondent as duly elected.
Issues
Whether the Court below was correct to hold that it has no jurisdiction to grant...