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CaseLaw
On the 11th of April, 2015, Governorship election for Benue State was conducted by the 3rd respondent The Independent National Electoral Commission (INEC) in which the Appellant and 1st respondent contested in alongside six (6) other candidates sponsored by their respective political parties.
The 3rd respondent (INEC) declared the 1st respondent of the All Progressive Congress (APC) the winner and returned same into office as the elected Governor of Benue State based on the total number of votes he polled against the appellant of the People’s Democratic Party (PDP).
Aggrieved, the result of the election was challenged by the appellant at the Governorship Election Petition Tribunal constituted for Benue State on a single ground. He contended that the 1st respondent was at the time of the election not qualified/disqualified to contest the election. Other processes were filed by parties in addition to their respective briefs.
Hence, a preliminary objection was filed by the 1st respondent on one of the grounds that the appellant is pursuing the appeal as an independent candidate contrary to Section 221 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).