BARR. TOMBOWUA TAR & ANOR v. HON. AKAAN, G & ORS
(2011)LCN/4862(CA)
In The Court of Appeal of Nigeria
On Monday, the 31st day of October, 2011
CA/MK/EPT/19/2011
RATIO
JURISDICTION OF THE ELECTION TRIBUNAL: WHETHER THE TRIBUNAL HAS JURISDICTION TO TRY CRIMINAL ALLEGATIONS MADE AGAINST PERSONS THAT HAD NOT BEEN JOINED TO THE PETITION AS RESPONDENTS
…the Tribunal has no jurisdiction to try criminal allegations made against persons that had not been joined to the petition as respondents… PER UCHECHUKWU ONYEMENAM, J.C.A.
JUSTICES
MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria
Between
1. BARR. TOMBOWUA TAR
2. ACTION CONGRESS OF NIGERIA (ACN) Appellant(s)
AND
1. HON. AKAAN, G
2. PEOPLES DEMOCRATIC PARTY (PDP)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
4. RESIDENT ELECTORAL COMMISSIONER, BENUE STATE
5. THE RETURNING OFFICER, LOGO STATE HOUSE OF ASSEMBLY ELECTION
6. THE COLLATION OFFICER, LOGO STATE HOUSE OF ASSEMBLY ELECTION
7. THE MBAGBER WARD COLLATION OFFICER
8. THE MBAVUUR WARD COLLATION OFFICER
9. THE NENZEV WARD COLLATION OFFICER
10. THE TURAN WARD COLLATION OFFICER
11. THE TOMBO WARD COLLATION OFFICER
12. THE U KEM BERAGYA/TAWAREV WARD COLLATION OFFIC
13. THE YONOV WARD COLLATION OFFICER
14. THE MBAGBER WARD SUPERVISORY PRESIDING OFFICER
15. THE MBAVUUR WARD SUPERVISORY PRESIDING OFFICER
16. THE NENZEV WARD SUPERVISORY PRESIDING OFFICER
17. THE TURAN WARD SUPERVISORY PRESIDING OFFICER
18. THE TOMBO WARD SUPERVISORY PRESIDING OFFICER
19. THE UKEMBERAGYA/TSWAREV WARD SUPERVISORY PRESIDING OFFICER
20. THE YONOV WARD SUPERVISORY PRESIDING OFFICER
21. THE PRESIDING OFFICER RCM SCHOOL, AKOMBO
22. THE PRESIDING OFFICER NKST SCHOOL, ANYIIN
23. THE PRESIDING OFFICER RCM SCHOOL, ANYIIN
24. THE PRESIDING OFFICER LGEA SCHOOL, ANYIIN
25. THE PRESIDING OFFICER JINGA MARKET SQUARE
25. THE PRESIDING OFFICER IMANDE NORTH
26. THE PRESIDING OFFICER ANYIIN MARKET SQUARE
27. THE PRESIDING OFFICER LGEA SCHOOL, MCHIA
28. THE PRESIDING OFFICER RCM SCHOOL TYOBAN
29. THE PRESIDING OFFICER NKST KWAGH
30. THE PRESIDING OFFICER LGEA SCHOOL UIWEV
31. THE PRESIDING OFFICER ASEMA VILLAGE
32. THE PRESIDING OFFICER TSE IORBO VILLAGE
33. THE PRESIDING OFFICER MOM CAMP VILLAGE
34. THE PRESIDING OFFICER ABEDA MARKET SQUARE
35. THE PRESIDING OFFICER NKST SCHOOL ABEBDA
36. THE PRESTDING OFFICER NKST SCHOOL ABEDA
37. THE PRESIDING OFFICER NKST GAAGUM
38. THE PRESIDING OFFICER ORWUA VILLAGE
39. THE PRESIDING OFFICER NKST SCHOOL SHENGE
40. THE PRESIDING OFFICER RCM SCHOOL AGBAAM
41. THE PRESIDING OFFICER NKST SCHOOL AGOV
42. THE PRESIDING OFFICER NI(ST SCHOOL IGBOUGHUR
43. THE PRESIDING OFFICER ANGLICAN SCHOOL INGBIAN
44. THE PRESIDING OFFICER TSE PAGHER VILLAGE
45. THE PRESIDING OFFICER RCM SCHOOL NYOOSU
46. THE PRESIDING OFFICER TSE WAV VILLAGE
47. THE PRESIDING OFFICER NKST SCHOOL ABOKWEN
48. THE PRESIDING OFFTCER NKST UGO
49. THE PRESIDING OFFICER LGEA SCHOOL MAGA
50. THE PRESIDING OFFICER RCM SCHOOL JUN
51. THE PRESIDING OFFICER RCM SCHOOL AZUA
52. THE PRESIDING OFFICER RCM SCHOOL HINGIR
53. THE PRESIDING OFFICER DOOSHIMA MARKET SQUARE
54. THE PRESIDING OFFICER NKST SCHOOL ANUNGWA
55. THE PRESIDING OFFICER GENYI SETTLEMENT
56. THE PRESIDING OFFICER NKST SCHOOL ANUNGWA
57. THE PRESIDING OFFICER NKST GWATSE
58. THE PRESIDING OFFICER LGEA SCHOOL AMAN
59. THE PRESIDING OFFICER LGEA SCHOOL GBELEVE
60. THE PRESIDING OFFICER LGEA POOVULE
61. THE PRESIDING OFFICER SWAKI VILLAGE
62. THE PRESIDING OFFICER NKST SCHOOL AZEGE
63. THE PRESIDING OFFICER AZEGE MARKET SQUARE
64, THE PRESIDING OFFICER TATSE VILLAGE
65. THE PRESIDING OFFICER LGEA UZER
66. THE PRESIDING OFFICER LGEA SCHOOL IKYUMEN
67. THE PRESIDING OFFICER AYILAMO MARKET SQUARE
68. THE PRESIDING OFFICER FOFI SETTLEMENT
69. THE PRESIDING OFFICER NKST SCHOOL MBAKIGHIR
70. THE PRESIDING OFFICER LGEA SCHOOL KULUNGU
71. THE PRESIDING OFFICER LGEA SCHOOL AUDU
72. THE PRESIDING OFFICER NKST SCHOOL ANAKAA
73. THE PRESIDING OFFICER ASUNTU MARKET SQUARE
74. THE PRESIDING OFFICER LEPROSY CLINIC NYAMKU ME
75. THE PRESIDING OFFICER RCM SCHOOL GETIM
76. THE PRESIDING OFFICER LGEA SCHOOL UOMBOR
77. THE PRESIDING OFFICER JOOTAR VILLAGE
78. THE PRESIDING OFFICER LGEA SCHOOL AGBU
79. THE PRESIDING OFFICER TSE HWER VILAGE
80. THE PRESIDING OFFICER MGBAKPA VILLAGE
81. THE PRESIDING OFFICER CHEMBE VILLAGE
82. THE PRESIDING OFFICER IORJA VILLAGE
83. THE PRESIDING OFFICER NKST SCHOOL ADAWA
84. THE PRESIDING OFFICER LGEA SCHOOL UBAVER
85. THE PRESIDING OFFICER LGEA SCHOOL MONDO
85. THE PRESIDING OFFICER LGEA SCHOOL TSE MOU
87. LGEA SCHOOL MOU II
88. THE PRESIDING OFFICER IKURA VILLAGE
89. THE PRESIDING OFFICER RCM SCHOOL IGBUR
90. THE PRESIDING OFFICER LGEA SCHOOL TSE IGBON
91. THE PRESIDING OFFICER GBANAM VILLAGE
92. THE PRESIDING OFFICER LGEA SCHOOL AKAAYAR
93. THE PRESIDING OFFICER TSE AGERA VILLAGE
94. THE PRESIDING OFFICER RCM SCHOOL ORALU Respondent(s)
UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The appeal is against the two rulings of the National and State House of Assembly Election Petition Tribunal for Benue State, sitting in Makurdi, delivered on 2/9/2011.
The 2nd and 1st respondents filed applications on 25/7/2011 and 28/7/2011 respectively, challenging the competence of the petition. On 2/9/2011 the Tribunal delivered two separate rulings on the motions. On the 1st respondent’s application, the petition was struck out for want of jurisdiction being statute barred. The Tribunal on the 2nd respondent’s motion, dismissed the petition for the fact that the remaining paragraphs of the petition did not disclose any cause of action after substantial paragraphs of the petition were struck out.
Dissatisfied, the appellant filed a Notice of Appeal on 22/9/2011 containing 5 grounds. In accordance with the rules, parties filed and exchanged their particular briefs. The appellants as well as 1st and 2nd respondents identified 4 issue respectively for determination; the 3rd – 94th respondents formulated 3 issues.
On 27/10/2011 when the appeal was heard, counsel for respective parties adopted and relied on their briefs as filed. This appeal shall be determined on the issue as formulated by the 1st and 2nd respondents.
After due consideration of the briefs as filed, the submissions of the learned counsel for the parties, the authorities referred to by them on the said 4 issues, I resolve the issues as follows;
Issue No. 1 is answered in the affirmative and resolved in favour of the 1st and 2nd respondents. That is to say, the Tribunal had the jurisdiction to entertain the application of the 1st and 2nd respondents challenging the competence of the petition.
Issue No.2 is answered in the negative and resolved in favour of the appellant. The Tribunal was wrong to hold that the petition was statute-barred and struck out the petition.
Issue No. 3 is answered in favour of the 1st and 2nd respondents. This is to say, the Tribunal has no jurisdiction to try criminal allegations made against persons that had not been joined to the petition as respondents and as such was right in striking out related paragraphs of the petition containing such allegations.
Issue No. 4 is resolved in favour of the appellants. I hold that the 4th – 94th respondents are juristic persons. Also the service on them through the 3rd respondent in the circumstances of this case is good in law.
In all, this appeal succeeds in part and is hereby allowed. The decision of the Tribunal dismissing the petition is hereby set aside. I order that petition No.NSHA/EPT/BN/HA/43/2011 be sent back to be heard and determined by another Tribunal on its merit.
Reasons for this decision shall be given on a later date to be communicated to counsel and parties.
MOHAMMED LADAN TSAMIYA, J.C.A.: I agree.
ALI ABUBAKAR BABANDI GUMEL, J.C.A.: I agree that this appeal be allowed in part. I abide by all the consequential orders of my learned brother, Onyemenam, JCA.
Appearances
S. A OrkuFor Appellant
AND
T. D. Pepe for the 1st and 2nd Respondents.
N. D. Ter (Mrs) with G. N. Kanu (Miss) for the 3rd – 94th respondents.For Respondent
