- Rimi v. INEC
- ₦ 200
Rimi v. INEC
MOHAMMED HASSAN HASHIM RIMI
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
5TH AUGUST, 2003
- Jurisdiction of - How determined
- Courtâ€™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
STANDI - Plaintiffâ€™s locus standi - How ascertained
AND PHRASES - â€˜Locus standiâ€™ - Meaning of
Whether the appellant could present the petition having
not been a candidate at the election.
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
 All F.W.L.R Rimi vs.
Assembly seat for Lokoja/State Constituency and claimed the
That the purported withdrawal of the petitionerâ€™s name
confirmed by the 1st respondent on the 14/4/03 is invalid, illegal and
That as at the 3rd of May, 2003 the only subsisting
candidate of the Peoples Democratic Party for Lokoja/ State Constituency was
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.
respondents entered appearance to the petition. On 30th May, 2003, the 2nd
respondent brought an application before the Election Tribunal praying for the
Striking out this petition for want of jurisdiction.
Striking out this petition for non-compliance with the
Electoral Act, 2002 and the schedule thereto.
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.