Disable Preloader

CaseLaw

Labour Party Vs.INEC (2009) CLR 2(d) (SC)

Judgement delivered on February 13th 2009.

Brief

  • Null and void election
  • Court orders
  • S.295(2) of 1999 Constitution

Facts

By Originating Summons, at the Federal High Court, Katsina, the Appellant, submitted the following questions for determination:

  • 1.
    Whether by the combined effect of Section 221 of the Constitution of the Federal Republic of Nigeria 1999, Section 32(7) of the Electoral Act 2006, and paragraph 27(3) of the 1st Schedule to the Electoral Act, 2006, the Plaintiff is not entitled to submit to the Defendant, and the Defendant mandated to receive from the Plaintiff, the Plaintiffs List of Candidates for any bye-election, fresh election or new election into any elective office to be conducted by the Defendant in any part of Nigeria, including Adamawa State of Nigeria.
  • 2.
    Whether by virtue of the Supreme Court decision in Ugwu v. Ararume (2007) 12 NWLR (1048) 367 and Amaechi v. INEC & ors. (2007) 18 NWLR (1065) 98, it is not the prerogative of the Plaintiff to nominate and sponsor candidates of her choice for any forthcoming bye-election, fresh election or new election to be conducted in Nigeria or any part thereof, including Adamawa State.
  • 3.
    Whether, in the light of the decision of the Court of Appeal in Independent National Electoral Commission & ors. v. Congress & ors CA/J/EP/GOV/419/2007 delivered on 26th February, 2008 upholding the nullification of the April 14, 2007 governorship election in Adamawa State, and ordering a fresh or bye-election, the Plaintiff is not entitled to submit a List of Candidates for the said fresh, new or bye-election for the office of Governor of Adamawa State of Nigeria as required by Section 32(7) of the Electoral Act 2006".

It also claimed against the Defendant as follows:

Issues

  • 1.
    Whether the learned Justice of the Court of Appeal were right in...
    Read More