PEOPLES DEMOCRATIC PARTY (PDP) v. HON. (DR.) DAKUKU ADOL PETERSIDE & ORS
In The Supreme Court of Nigeria
On Friday, the 12th day of February, 2016
SC.1001/2015 (REASONS)
JUSTICES
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
Between
PEOPLES DEMOCRATIC PARTY (PDP) Appellant(s)
AND
- HON. (DR), DAKUKU ADOL PETERSIDE
2. ALL PROGRESSIVE CONGRESS (APC)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
4. WIKE EZENWO NYESOM Respondent(s)
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal was heard on 27th January 2016. Learned counsel for the parties adopted their respective briefs of argument and made some oral submissions therein. I pronounced my judgment on that day allowing the appeal and undertook to give my reasons today.
This appeal is against the judgment of the Court of Appeal, Abuja Division delivered on 10th December 2015 affirming the judgment of the Rivers State Governorship Election Tribunal delivered on 24th October, 2015, which nullified the election and return of the 4th respondent as Governor of Rivers State and order the conduct of a fresh election.
The 1st and 2nd respondents were dissatisfied with the return of 4th respondent and filed a petition before the Tribunal on the following
“(i) That the 2nd respondent was not duly elected by majority or highest number of lawful votes cast at the election;
(ii) That the election of the 2nd respondent was invalid and unlawful by reason of substantial non-compliance with the Provisions of the Electoral Act 2010 (as amended), Manual for Election Officers 2015) as well as
the 1st respondent’s 2015 General Elections approved guidelines and regulations.
(iii) The election was invalid by reason of corrupt practices.”
They sought among other reliefs a declaration that the results of the Governorship election for Rivers State held on 11th and 12th April 2015 for the entire River State save Eleme Local Government Area, Wards 1, 2, 3, 8, 9, 11 and 19 of PortHarcourt Area as declared and announced by the 3rd respondent be nullified and a fresh election be conducted in all the polling units and wards of Rivers State be conducted by the 3rd respondent,
At the conclusion of hearing, the Tribunal allowed the petition and nullified the election and return of the appellant on grounds of substantial non-compliance with the Electoral Act.
On appeal to the Court below by the 4th respondent, the appeal was dismissed on 16/12/2015 and the judgment of the Tribunal was affirmed.
It is pertinent to note that the present appellant, which is the party that sponsored the 4th respondent, and the 3rd respondent (INEC) all appealed against the judgment. The appeal filed by the 4th respondent bears Appeal No. SC.1002/2015, while the appeal filed by the 3rd
respondent bears Appeal No.SC.1003/2015.
The issues raised in this appeal, which is between the same parties and against the same judgment are substantially similar as in the sister appeals. I have given comprehensive reasons in SC.1002/2015 for allowing the appeal, I adopt the reasoning in the instant appeal and accordingly allow the appeal.
The judgment of the Court of Appeal, Abuja Division delivered on 16/12/2015 which affirmed the judgment of the Rivers State Governorship Election Tribunal delivered on 24/10/2015 is hereby set aside. The petition of the 1st and 2nd respondents is hereby dismissed.
The return of the 4th respondent as the duly elected Governor of Rivers State by the 3rd respondent (INEC) is hereby restored. Parties shall bear their costs.
MAHMUD MOHAMMED, J.S.C.: When this appeal was heard on Wednesday 27th January 2016, I delivered my own Judgment agreeing with the lead judgment of my learned brother Kekere-Ekun, J.S.C. in allowing the appeal and setting aside the judgment of the Court of Appeal which affirmed the Judgment of the Governorship Election Tribunal and substituting therefore a Judgment dismissing the 1st and 2nd
Respondents/Petitioners Petition. On the day I gave an undertaking to state my own reasons for allowing the appeal today Friday 12th February, 2016.
This appeal has the same base as in the decision of the Judgment of the Governorship Election Tribunal of 24th October 2015 as the appeal Number SC.1002/2015 between the same parties. Since the Appellant in this appeal is the political party which sponsored the 4th Respondent as its candidate to contest the Gubernatorial election in Rivers State who interests are the same in the election, there is no reason whatsoever in my view, that the parties would file and pursue separate appeals in this matter. This is because as far as the interest of the candidate and the political party sponsoring him are concerned, their interests in the election are not separate to justify filing and pursuing separate processes in Courts.
I have been privilege of reading the lead reasons for judgment in this appeal prepared and delivered by my learned brother Kekere-Ekun, JSC, and I completely agree with the way and manner the issues arising for determination of the appeal were considered and resolved. I adopt those comprehensive reasons
for the judgment in allowing the appeal and the consequential orders given including the order on costs as mine. I have nothing useful to add.
IBRAHIM TANKO MUHAMMAD, J.S.C.: My learned brother, Kekere-Ekun, JSC, delivered the conclusion on this appeal on Wednesday, 27th January, 2016. I, too, delivered my conclusion and promised to deliver my reasons for allowing the appeal.
My learned brother, Kekere-Ekun, JSC, has ably proffered comprehensive reasoning for allowing the appeal; setting aside the judgment of the Court below. I had the benefit of reading those reasons before today. I entirely agree with my Lord Kekere-Ekun, JSC.
I do not need to add anything. I adopt both the reasoning and all consequential orders made by my learned brother in allowing this appeal.
NWALI SYLVESTER NGWUTA, J.S.C.: This appeal was heard, and judgment delivered, on Wednesday, the 27th day of January, 2016. I delivered my Judgment concurring with the lead judgment of my learned brother, Kekere Ekun, JSC.
I indicated that I would give my reasons for allowing the appeal, setting aside the Judgment of the Court of Appeal which affirmed the Judgment of the Governorship Election
petition Tribunal today, 12th February, 2016.
I read in draft the reasons given by my learned brother, Kekere-Ekun, JSC for allowing the appeal and I entirely agree with, and adopt as mine, the reasons leading to the conclusion that the appeal has merit.
KUMAI BAYANG AKA’AHS, J.S.C.: After hearing this appeal on 27th January, 2016, I agreed with the leading judgment delivered by my learned brother Kekere-Ekun and reserved my reasons for so doing to today, Friday 12th February, 2016.
As already stated in my judgment in SC.1002/2015 this appeal is unnecessary inview of the fact that the appellant here had the same interests to protect with those of the appellant in SC.1002/2015. Since this appeal was first in time, the appellant’s Notice of Appeal in SC.1002/2015 should have been subsumed under this one. It is observed that the appellant in SC.1002/2015 briefed a different counsel from this appeal, hence the two separate appeal nos. Since issues in appeal no.SC.1002/2015 have been determined in favour of the appellant, this appeal also succeeds and it is hereby allowed. I also adopt the reasoning of my learned brother Kekere-Ekun JSC in allowing the appeal.
I make noorder on costs.
JOHN INYANG OKORO, J.S.C.: It will be recalled that when this appeal came up for hearing on Wednesday, the 27th day of January, 2016, I gave judgment immediately allowing the appeal and promised to give reasons today. This was sequel to the lead judgment in the appeal delivered by my learned brother, Kekere-Ekun JSC which also allowed the appeal of the appellant herein.
My learned brother had availed me in draft a copy of the reasons for judgment which he has just delivered. I have nothing new to add. I therefore adopt those reasons as mine in allowing the appeal. I also abide by all consequential orders made in the lead reasons for judgment, that relating to costs, inclusive.
AMIRU SANUSI, J.S.C.: This Court on Wednesday 27th January 2016 heard this appeal and delivered its judgment immediately allowing this appeal. I also delivered my judgment allowing the appeal which I consider to be meritorious. I then promised to give reasons for my judgment in the appeal today, Friday 12th of February 2016.
After carefully perusing in advance, the lead reasons for judgment, delivered by my learned brother Kudirat Motonmori Olatokunbo Kekere-Ekun JSC.
Thereasons and conclusion ably and adequately given in the said reasons of my learned brother Kudirat Motonmori Olatokunbo Kekere-Ekun JSC agreeable to me. I adopt them as mine and have nothing useful to add. I too, accordingly allow the appeal which I find to be meritorious. I abide by the consequential orders made in the lead reasons for judgment including one on costs.
Appearances
Chief Wole Olanipekun (SAN) with him, Chief Chris Uche (SAN), Chief Ifedayo Adedipe (SAN), Joe Agi (SAN), Gordy Uche (SAN) Usman O. Sule, Raymond Anyawata, Aderemi A. Abimbola, Olabode Olanipekun, Kanayo Okafor, Aisha Aliyu [Mrs], Uchenna Ugonabo [Miss], Bolarinwa Awujoola, I. E. Briggs [Miss], Vanessa Onyemauwa [Miss], Adebayo Majekolagbe, Olakunle Lawal, Blessing Akinsehinwa, James Ebbi, Francis Nsiegbunam, Naeamah Goje, Emmanuel Rukari, Uzoma Nwosu-Iheme, Ibiso Elimira Briggs and J. Obla For Appellant
AND
Chief Akin Olujinmi (SAN) with him, Chief Adeniyi Akintola (SAN), Alhaji Lasun Sanusi (SAN), Funke Aboyade (SAN) Ifeanyi Egwuasi, Olumide Olujinmi, Akinyemi Olujinmi, Akinyemi Olujinmi, Olufemi Atetedaiye, Ayodele Akinsanya, Yusuf Anikulapo, Mrs. Kemi Odegbami-Fatogbe, Oluwole Ilori, Oluseyi Adetanmi, Abayomi Abdulwahab, Olukayode Ariwoola Jnr., Christian Okoh, Mrs. Antonia Omoyemi Balogun, Ricardo Ebikade, Ifeoluwa Ajani (Miss), Ifedolapo Yejide Esan [Miss], Ademola O. Owolabi, Tolulope Adebayo [Miss], Oladele Oyelami, Levi Nwoye, Henry Odili, H. A. Bello, E. N. Ebele and Saheed Smart Akingbade for 1st Respondent
Yusuf Ali (SAN) with him, Emeka Ngige (SAN), K.K. Eleja (SAN), Alh. A.K. Adeyi, Prof. Wahab Egbewole, Ayo Olanrewaju, M. I. Hanafi, Mas’ud Alabelewe, Lawrence John, S. A. Oke, Alex Akoja, Onyeka Obiajulu, P. I. Ipkegbu [Mrs.], K. O. Lawal , H. O. Sulaiman [Miss], Emeka Okeakpu, A. O. Usman, A. B. Eleburuike, Tejumola Opejin [Miss] and Musa Ahmed for the Respondent
Dr. Onyechi Ikpeazu (SAN) with him, Ighodalo Imadegbelo (SAN), Ken Njemanze (SAN), Alex Ejesieme, Wale Balogun, Obumneme Ezeonu, Onyinye Anumonye, Emeka Nri-Ezedi, Nkiru Frank Mmegwa, Tobechukwu Nweke, Martin Nwokeocha, Nwachukwu Ibegbu, Obinna Onya, Obiora Aduba, Nwamaka Ofoegbu [Miss], Jennifer Adike [Miss], C.K. Emma-Duru [Miss] and Ogechi Ogbonna for 3rd Respondent
Emmanuel C. Ukala (SAN) with him, Prof. Epiphany C. Azinge (SAN), D. C. Denwigwe (SAN) Dr. Z. Adango, Mark S. Agwu, Osima Ginah and O.J. Iheko [Miss] for 4th Respondent For Respondent
