CaseLaw
Dangana V. Hon. Usman (2012) CLR 3(a) (SC)
Judgement delivered on February 24th 2012
Brief
Facts
The two appeals now before this court as SC.480/2011 and SC.11.2012 emanated from the judgment of the Court of Appeal Abuja delivered on the 13th of December 2011. They are based on the same records of appeal transmitted to this court on 18/1/2012.
The parties in SC.480/2011 are Ocheja Emmanuel Dangana as appellant and Hon. Attai Aidoko Ali Usman; All Nigeria Peoples Party (ANPP); Peoples Democratic Party (PDP); Independent National Electoral Commission (INEC); Dr. S.A. Abolusoro (Returning Officer Kogi East Senatorial District) as 1st - 5th respondents. In appeal SC.11/2012, the appellant is Peoples Democratic Party (PDP) and Hon. Atai Aidoko Ali Usman; All Nigeria Peoples Party (ANPP); Ocheja Emmanuel Dangana; Independent National Electoral Commission (INEC); Dr. S. A. Abolusoro (Returning Officer Kogi East Senatorial District) as respondents. In preparation for the 2011 General Elections, the Independent National Electoral Commission (INEC) published its timetable for all the election activities, Primaries were held by parties contesting in the election during which the appellant and 1st respondent in the appeal SC.480/2011 became .the senatorial candidates for their respective parties - Peoples Democratic Party and All Nigeria Peoples Party. On the 9th of April, 2011, the Kogi East Senatorial District Election was conducted by INEC. The appellant was sponsored by his party, PDP and the 1st respondent by ANPP. They both contested with candidates of six other political parties. The appellant won the election by scoring 131,386 votes. He defeated the 1st respondent who came second with 16,600 votes. Certificate of return was issued to him by INEC. The 1st respondent being dissatisfied with the outcome of the election filed a petition on the 27th of April 2011 at the Election Petition Tribunal sitting at Lokoja to challenge the declaration and return of the appellant. In the judgment delivered on the 18th of October 2011, the Tribunal held amongst other things that the 1st and 2nd respondents predicated their petition on the fact that the appellant was not qualified to contest the election as he was not lawfully and validly sponsored to contest the election as a candidate for his party as required by Section 65 (2) (b) of the 1999 Constitution and Section 138 (1) (a) of the Electoral Act 2010 (as amended). The Tribunal identified flaws in the conduct of P.D.P. primaries which took place in Anyigba instead of Idah the Senatorial constituency headquarters for Kogi East on 28th January 2011. The Tribunal dismissed the petition of the 1st and 2nd respondents by identifying the issues raised as pre-election. The 1st and 2nd respondents appealed to the Court of Appeal, Abuja.
In the judgment of the court delivered on the 13th of December 2011 the appeal was allowed on the sole ground that the appellant was not qualified to contest at the time of the election as envisaged by Section 65 (2) (b) of the 1999 Constitution and Section 138 (1)(a) of the Electoral Act 2010. Consequently, any votes allegedly credited to him at the said election were wasted votes in the eyes of the law. The appellant lodged an appeal to this court to express his dissatisfaction as his contention was that the Court of Appeal exceeded its jurisdiction to delve into pre-election issues of the senatorial primaries conducted on the 28th January 2011. The Court of Appeal directed the 4th respondent to withdraw the Certificate of Return issued to the appellant and instead issued the 1st respondent a Certificate of Return. Vide pages 1127-1151 Vol.2 of the Record.
The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to: