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Daggash v. Bulama

ALHAJI MOHAMMED SANUSI DAGGASH

V

HAJJA FATI IBRAHIM BULAMA

INDEPENDENT NATIONAL ELECTORAL COMMISSION

& 8 ORS

COURT OF APPEAL

( JOS DIVISION )

OLUDADE O. OBADINA JCA ( Presided and Read the Lead Ruling )

IFEYINWA CECILIA NZEAKO JCA

IKECHI FRANCIS OGBUAGU JCA

CA/J/152/2003

FRIDAY, 5 TH DECEMBER,  2003

APPEAL - Relief sought in notice of appeal - When appeal court not bound by

COURT - Court of Appeal - Court varying, reviewing its judgment or setting aside consequential order made therein - Impropriety of

COURT - Appeal court - Power of to make order Election Tribunal is entitled to make under section 136(1) Electoral Act 2002

COURT - Appeal court - When will not be bound by relief sought in notice of appeal

COURT - Election Tribunal - Power of to make consequential order for fresh election in an election petition - Where not exercised Propriety of Court of Appeal making such orders

COURT - Judgment or orders of - Slip rule - When applicable Impropriety of amendment when formal order has been drawn up - When can be so applied

ELECTION  PETITION - Votes cast for disqualified person elected in an election - Effect of - When will result into conduct of fresh elections

ELECTORAL MATTERS - Election Tribunal - Power of to make consequential order for fresh election in an election petition Where not exercised - Propriety of Court of Appeal making such orders

JUDGMENT AND ORDERS - Consequential order - Meaning of

JUDGMENT AND ORDERS - Court’s or Tribunal’s judgment -

Presumption of correctness in favour of - Validity and force of until set aside

JUDGMENT AND ORDERS - Variation, review or setting aside of judgment of Court of Appeal by the court itself - Impropriety of

PRACTICE AND PROCEDURE - Judgment or order of court - Slip rule - When applicable to - Impropriety of applying slip rule when formal orders have been drawn up - When can be so applied

WORDS AND PHRASES - ‘Consequential order’ - Meaning of

Issue:

Whether the Court of Appeal has jurisdiction to review or vary its judgment delivered on the 6th of November, 2003, nullifying the elections to the Borno North Senatorial seat and directing the Independent National Electoral Commission to conduct fresh election for the said senatorial seat.

Facts:

After the election to the Borno North Senatorial District held on the 12 th of April, 2003 the appellant was returned as the duly elected senator for the Borno North Senatorial District. The 1st respondent herein was dissatisfied with the result and filed a petition at the National Assembly Election Tribunal sitting in Maiduguri, Borno State. The petition was upheld by the Tribunal and the 1st respondent was declared by the Tribunal as the winner of the election.

The appellant was not happy with the decision and he appealed to the Court of Appeal. On the 6th of November, 2003, the court allowed the appeal, nullified the election and ordered that a fresh election be conducted by the 2nd respondent in the said Senatorial District. The applicant herein, vide an application on notices, prayed the Court of Appeal to set aside its order for fresh election.