CaseLaw
Okocha V. INEC (2010) CLR 2(m) (CA)
Judgement delivered on February 19th 2010
Brief
Facts
On 14th April 2007 elections were held in Delta state by the 1st respondent. The 1st appellant claimed he was a validly nominated candidate of the 2nd appellant for the election. Though he submitted his nomination papers, his name did not appear on the election date as a candidate for the election.
When the 1st respondent declared the 4th respondent as the winner, the appellants filed an election petition to challenge the declaration of the 3rd respondent at the Election Tribunal.
The respondents claimed that 1st appellant was not validly nominated as his papers were not submitted to the 1st respondent not later than 120 days before the election as prescribed by S32(1)(2) & 33(1) Electoral Act 2006 and that twelve of his nominators were not registered voters at the time of his nomination contrary to S.33(1) of the Electoral Act, 2006 and that there was no running mate to occupy the post of Deputy-Governor as required by Section 187(1) of the 1999 Constitution. Preliminary Objection to the competency of the appeal was raised. Notice to affirm the judgment on additional grounds and cross-appeal of the 4th respondent were considered and determined.