CaseLaw
Labaran Maku Vs. Al-Makura & Ors (2016) CLR 1(e) (SC)
Judgement delivered on January 25th 2016
Brief
Facts
On the 11th day of April, 2015, election into the office of the Governor of Nassarawa State was conducted by the 3rd respondent The Independent National Electoral Commission (INEC) wherein the appellant and the 1st respondent contested in the said election on being sponsored by the 4th respondent The All Progressive Grand Alliance (APGA) and the 2nd respondent All Progressive Congress (APC) respectively.
The 1st respondent was subsequently declared winner of the election by the 3rd respondent (INEC), having polled the majority of lawful votes cast at the election; hence, returning same as the duly elected Governor.
In a joint petition, the appellant and the 4th respondent challenged the election and return of the 1st respondent at the Election tribunal on the ground that the election was marred by corrupt practices and substantial non-compliance with the Electoral Act 2010 (as amended); urging the tribunal to nullify the election of the 1st respondent and declaring the appellant as the duly elected Governor of Nassarawa State. In the alternative, a rerun of the election be carried out by the 3rd respondent (INEC) in the units allegedly affected by the irregularities and non-compliance.
However, the appellant’s petition was dismissed by the tribunal for lacking in merit and upheld the election and return to office of the 1st respondent.
Dissatisfied with the judgment of the tribunal, the appellant appealed to the Court of Appeal. The appeal of both the appellant and the 4th respondent was jointly heard. Nevertheless, even though the Court of Appeal allowed the consolidated appeals in part, both appeals were dismissed and the judgment of the tribunal affirmed.
Aggrieved, the appellant further appealed to the Supreme Court.