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F.H.A. v. John Shoy Int’l Ltd

ALLIANCE FOR DEMOCRACY

V

PETER AYODELE FAYOSE

JACOB ABIODUN ALUKO

INDEPENDENT NATIONAL ELECTORAL COMMISSION, (INEC)

RESIDENT ELECTORAL COMMISSIONER OF EKITI STATE

RETURNING OFFICER FOR EKITI STATE GUBERNATORIAL ELECTION

COURT OF APPEAL

( ILORIN DIVISION )

O. OPENE, JCA ( Presided and Read the Lead Judgment )

SULEIMAN GALADIMA, JCA

ABOYI JOHN IKONGBEH, JCA

JOSEPH JEREMIAH UMOREN, JCA

NWALE SYLVESTER NGWUTA, JCA

CA/IL/EP/GOV/1/2003

WEDNESDAY, 15TH OCTOBER, 2003

ELECTION PETITION - Election matters - Whose interest is paramount therein - Whether that of the political party

ELECTION PETITION - Petitioner therein - Whether mandatory therefor to join respondent’s political party as necessary party

ELECTION PETITION - Political party/petitioner - Failure of to join its candidate in an election petition filed thereby - Whether renders the petition incompetent

ELECTION PETITION - Who can present same

STATUTE - Electoral Act, 2002 - Whether Sunday can be regarded as business day under the provision of

STATUTE - Interpretation Act - Purport of - Application of

Issue:                                           

Whether or not the petition is competent in view of the fact that the petitioner’s candidates for the Governorship and Deputy Governorship election were not made parties to the petition.

Facts:

In the Governorship election at Ekiti State held on 19th day of April,

2003 , many registered political parties including the appellant - Alliance for Democracy (AD) and the Peoples Democratic Party sponsored their candidates in the election. The Peoples Democratic Party (PDP) sponsored 1 st and 2nd respondents while the Alliance for Democracy (AD) sponsored one Otunba Adeniyi Adebayo and Chief Paul Alabi. At the end of the election, the 1st and 2nd respondents were declared elected.

It was as a result of this that the appellant filed an election petition at the Election Petition Tribunal, Ado-Ekiti, Ekiti State challenging the election of the 1st and 2nd respondents. All the respondents filed their replies, but before the hearing of the petition, the 1st and 2nd respondents’ counsel filed a motion on notice praying the Election Tribunal “for an order striking out the petition herein as proper petitioners have not been joined in the case.

And for such further or other orders as this Hon. Tribunal may deem necessary to make in the circumstances”.

The motion was supported by an affidavit. The appellant did not file any counter-affidavit. This motion was heard on 19/6/03 and in a reserved ruling delivered on 27/6/03, the tribunal unanimously struck out the petition on the ground that the appellant - a registered political party failed to join its Governorship and Deputy Governorship candidates - Otunba Adeniyi Adebayo and Chief Paul Alabi as parties in the petition.

Being dissatisfied, the appellant has appealed to the Court of Appeal.