BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Jemide v. Harriman
  • 233
  • 2004-11-15
  • ₦ 200
  • Buy Now

Jemide v. Harriman

BARRISTER ORODE JEMIDE

V

MISS TEMI HARRIMAN & 23 ORS

COURT OF APPEAL

( BENIN DIVISION )

RABIU D. MUHAMMAD JCA ( Presided and Read the Lead Judgment )

KUMAI BAYANG AKAAHS JCA

AMINA ADAMU AUGIE JCA

CA/B/151/2003

MONDAY, 12TH JANUARY, 2004

APPEAL - Ground of appeal - Incompetent ground - Arguments relating thereto - Effect of

APPEAL - Grounds of appeal - Ground not covered by issue for determination - Effect of

APPEAL - Issues for determination - Issues not formulated from grounds of appeal - Effect of

ELECTION PETITION - Paragraph 4(1)(c) of first schedule to Electoral Act, 2002 - Failure of petitioner to state the scores of the candidates in an election petition - Effect of

ELECTION PETITION - Sui generis nature of - Need to comply strictly with procedures laid down in the Electoral Act, 2002

STATUTE - Electoral Act, 2002 -  Paragraph 4(1)(c) First Schedule thereto - Purport of - Mandatory nature of - Effect of noncompliance with

STATUTE - Electoral Act, 2002 - Procedure laid down therein - Need to strictly comply therewith

Issues:

1.              Whether the petitioner was bound to state the scores of all the candidates who contested the election or the scores of the candidates interested in the election petition or any score at all in line with paragraph 4(1)(c) and sub-paragraph (7) of paragraph 4 of the 1st Schedule to the Electoral Act, 2002 and Form TF001 which is a precedent for election petition under the Electoral Act.

2.              Whether non-joinder of parties against whom no complaint was made in an election petition was fatal to the petition.

Facts:

On the 13th day of April, 2003, elections were held into Warri Federal Constituency of Delta State. The appellant herein and the 1st respondent among others contested the said elections. The 1st respondent was returned as the duly elected member of the House of Representatives for the Warri Federal Constituency.

The appellant was not satisfied with the declaration of the election results. She therefore filed a petition before the National Assembly, Governorship and Legislative Houses Election Tribunal holden at Asaba challenging the election results.

After the petition was filed and served, counsel to the 1st respondent entered a conditional appearance and filed a notice of preliminary objection to the hearing of the petition on the ground that it is incompetent and ought to be struck out. Counsel to the 2nd - 24th respondents equally filed an application praying for an order striking out the petition for being incompetent and for non-compliance with the mandatory provisions of the Electoral Act. The counsel also filed a notice of preliminary objection and an application for an order dismissing the petition for being incurably defective. All the applications were consolidated and argued at the same time. In its ruling, the Tribunal held that the petition is incompetent for non-compliance with the Electoral Act paragraph 4(1)(c) of the 1st Schedule and consequently struck it out.

Dissatisfied with the ruling, the appellant appealed to the Court of Appeal.