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Rimi v. INEC

MOHAMMED HASSAN HASHIM RIMI

V

INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

ARCH. UMAR B. JIBRIL

COURT OF APPEAL

( ABUJA DIVISION )

GEORGE A. OGUNTADE, JCA ( Presided and Read the Judgment )

ZAINAB ADAMU BULKACHUWA, JCA

ALBERT GBADEBO ODUYEMI, JCA

CA/A/EP/124/2003

TUESDAY, 5TH AUGUST, 2003

COURT - Jurisdiction of - How determined

JURISDICTION - Court’s jurisdiction - How determined

LOCUS STANDI - Appellant in the instant case - Whether has no locus standi to bring this petition in view of the language of section 134(1)(d)  Electoral Act  2002

LOCUS STANDI - Plaintiff’s locus standi - How ascertained

WORD AND PHRASES - ‘Locus standi’ - Meaning of

Issue:

Whether the appellant could present the petition having not been a candidate at the election.

Facts:

The appellant herein filed a petition before the Kogi State National Assembly/Governorship and Legislative Houses Election Tribunal, holden at Lokoja. By the said petition he challenged the declaration of the 2nd respondent by the 1st respondent as the winner of the Kogi State House of

[2004]  All F.W.L.R                                     Rimi vs. INEC                                                               1313

Assembly seat for Lokoja/State Constituency and claimed the following reliefs.

(1)          That the purported withdrawal of the petitioner’s name confirmed by the 1st respondent on the 14/4/03 is invalid, illegal and wrongful.

(2)          That as at the 3rd of May, 2003 the only subsisting candidate of the Peoples Democratic Party for Lokoja/ State Constituency was the petitioner.

(3)          That the petitioner was duly elected being the candidate of the PDP as at 3rd May, 2003 State Assembly Election, Lokoja/ State/Constituency and ought to be returned and be so returned.

The two respondents entered appearance to the petition. On 30th May, 2003, the 2nd respondent brought an application before the Election Tribunal praying for the following orders:

1.            Striking out this petition for want of jurisdiction.

2.            Striking out this petition for non-compliance with the Electoral Act, 2002 and the schedule thereto.

The Tribunal heard arguments on the application and on 10/6/03 struck it out on the ground that the petitioner had not the locus standi to bring the petition

Being dissatisfied the petitioner/appellant has appealed to the Court of Appeal.