Dear Reader:
One hopes that every Election Tribunal and Appeal Court Judge in Nigeria reads the case outlined below thoroughly – that is, the FULL judgement text and not just the newspaper excerpts.
Excluding petititoners on the basis of silly technicalities must stop. How can you say that a properly-nominated petitioner that comes to complain to the court of exclusion from the election lacks “locus standi”? How can you kill a candidate’s parents and then penalize her for being an orphan?
Inquiring minds wanted to know….and KUDOS to Justice Helen Ogunwumiju and her brother colleagues Justices Muktar Coomasie and Jumai Hannatu Sankey who have unanimously said “No, mba, otio, ba hanya!”
NM
Elated
PUNCH
By Agency Reporter
Published: Saturday, 3 Nov 2007
The Court of Appeal, Ilorin on Friday ordered fresh hearing of the petition of the Progressive Peoples Alliance governorship candidate in Kwara State, Miss Oyinkansola Saraki, against the election of Governor Bukola Saraki.
The News Agency of Nigeria reports that in a unanimous decision read by Justice Helen Ogunwumiju, the court ordered that a fresh election panel be constituted to hear the case on its merit. The court held that closing the door of justice against the PPA and its candidate was not the best way to ensure the rule of law.
Ogunwumiju dismissed the governor’s argument that neither the party nor its candidate had a locus standi to file a petition against the election. The court held that by provisions of sections 133(1), 144 (1) (d) and 145 (1) (d) of the 2006 Electoral Act, it was clear that the PPA duly nominated Oyinkansola and that she had become a candidate in the election.
TRIBUNE
http://www.tribune.com.ng/03112007/news/news11.html
Appeal Court Orders Fresh Trial Of Petition Against Saraki
Yekini Jimoh, Ilorin – 03.11.2007
The Court of Appeal, sitting in Ilorin, the Kwara State capital, on Friday ordered a fresh trial of the petition filed by the Progressive Peoples Alliance (PPA) governorship candidate in the 2007 elections in Kwara State, Miss Oyinkansola Saraki, against the victory of the state governor, Dr. Bukola Saraki.
Justice Helen Ogunwumiju, who read the lead judgment, dismissed arguments by Saraki’s counsel that neither the party nor its candidate had a locus standi to file a petition against the election because they allegedly did not participate in the election.
The court held that by provisions of Sections 133(1), 144 (1) (d) and 145 (1) (d) of the 2006 Electoral Act, it was clear that PPA duly nominated Oyinkansola and that she had become a candidate in the said election.
The court compared the situation to a student who obtained a form from an examination body, filled it and returned same to the body waiting for the day of examination only to discover at the venue that his name was not on the list of those approved to sit for the exam.
THE NATION
http://www.thenationonlineng.com/dynamicpage.asp?id=36145
| Appeal Court orders fresh hearing of petition against Saraki | 3/11/2007 |
BiodunOyeleye Ilorin
The Court of Appeal, sitting in Ilorin, yesterday ordered a fresh trial of the petition by the Progressive Peoples Alliance (PPA) and its Kwara State gubernatorial candidate in the April 14, 2007 general election, Miss Oyinkansola Saraki, against the victory of governor Bukola Saraki at that poll.
In a unanimous decision, which counsels to both parties described as ‘revolutionary’ ‘penetrating’ and ‘monumental’ the court held that closing the door of justice through hearing against the party and its candidate was not the best way to ensure the rule of law as a vital aspect of democracy.
The judgment becomes a victory for members of the opposition groups who have complained against the ruling of the tribunal that has now been set aside. The matter has become such a controversy as the opposition groups petitioned the National Judicial Council asking for the immediate disbandment of the tribunal’s panel on grounds that they allegedly omitted a vital word, ‘not’ from their judgment on the petition. Early this week, the chairman of that panel, Justice Beatrice Illiya, was transferred in what officials described as ’surprising development’.
Justice Helen Ogunwumiju who read the lead judgment dismissed arguments by governor Saraki’s counsels that neither the party nor its candidate had a locus standi to file a petition against the election because they allegedly did not participate in the election. The court held that by provisions of sections 133(1), 144 (1) (d) and 145 (1) (d) of the 2006 Electoral Act, it was clear that PPA duly nominated Oyinkansola and that she had become a candidate in the said election.
The court likened the scenario to a student who obtains a form from an examination body, fills it and returns same to the body waiting for the day of examination only to discover at the venue that his name was not on the list of those approved to sit for the exam. Such a candidate, Justice Ogunwumiju said, should be afforded the right to have access to ventilate his grievances.
Her brother judges, Muktar Coomasie and Jumai Hannatu Sankey agreed with the reasoning and ordered that a fresh panel be constituted to hear the case on its merit. The court also frowned at the omission of the word ‘not’ in the tribunal’s judgment on the initial petition while quoting from a Supreme Court decision to support its reasoning. The tribunal was also said to have reversed itself in another case similar to Oyinkansola’s own.
Oyinkasola and PPA had approached the tribunal on grounds that they were allegedly excluded from the election because neither the party’s name or logo nor the photograph of its candidate was used in the said election.
New Nigerian
Saraki: Hear PPA petition, Court of Appeal orders
From ALI MUHAMMAD RABIU Ilorin
The Court of Appeal, sitting in Ilorin, Kwara state has ordered a fresh hearing in the petition of the Progressive Peoples Alliance (PPA) and its Kwara state gubernatorial candidate in the April 14 election, Miss Oyinkansola Saraki, challenging the victory of Governor Bukola Saraki in the election.
In a unanimous decision, which counsel to both parties described as “revolutionary, penetrating and monumental,” the court held that closing the door of justice, through hearing, against the party and its candidate was not the best way to ensure the rule of law as a vital aspect of democracy.
Justice Helen Ogunwumiju who read the lead judgement dismissed the argument of Governor Saraki’s counsel that neither the party nor its candidate had a locus standi to file a petition against the election result because they did not participate in the polls. The court held that by provisions of sections 133(1), 144 (1) (d) and 145 (1) (d) of the 2006 Electoral Act, it was clear that PPA duly nominated Oyinkansola and that she had become a candidate in the said election.
The court likened the scenario to “a student who obtains a form from an examination body, fills it and returns the same to the body, waiting for the day of examination only to discover at the venue that his name is not on the list of those approved to sit for the exam.” Such a candidate, Justice Ogunwumiju said, should be afforded the right to have access to ventilate his grievances.
Her colleagues, Muktar Coomasie and Jumai Hannatu Sankey, agreed with the reasoning and ordered that a fresh panel be constituted to hear the case on its merit. The court also frowned on the omission of the word ‘not’ in the tribunal’s judgement on the initial petition while quoting from a Supreme Court decision to support its reasoning. The tribunal was also said to have reversed itself in another case similar to Oyinkansola’s own.
The appellant, Oyinkasola and the PPA had approached the tribunal on the grounds that they were allegedly excluded from the election because neither the party’s name nor logo nor the photograph of its candidate was used in the election.
The Guardian
Appeal Court Voids Kwara Tribunal’s Verdict, Orders Fresh Hearing
2007.11.02
Reprieve has come the way of the Peoples Progressiv e Alliance (PPA) governorship candidate, Miss Oyinkansola Saraki as the Appeal Court has dismissed the ruling of the Kwara State Election Petition Tribunal on her petition.
In his lead Judgment yesterday, Justice Ogunwumiju said that the essence of the relevant portions in the Electoral Act, was to give room for redress in election matters, adding that a diversion from such interpretation would amount to a denial of justice.
The appellants (Saraki and the PPA) represented by Dayo Akinlaja last July 31 had their petitions struck out by the lower tribunal which cited lack of locus standi.
The third respondent in the matter, the Independent National Electoral commission, (INEC) had removed the names, and the logo of the PPA candidate and the party from the ballot papers’ list during the governorship election in the state.
The appellants, went to the lower tribunal to challenge the “wrongful exclusion” among other grounds.
Dissatisfied with the ruling, they approached which overruled the tribunal.
According to Ogunwumiju in her over 50 minutes judgment, the grounds of appeal before his court were, whether or not the first appellant could have been deemed to have participated in the election and that whether or not the third respondent had unlawfully excluded the first appellant from the election.
Citing the decisions of Kalgo JSC in Obansajo Vs Buhari, references to the provisions of Sections 144 and 145 of the 2006 Election Act, the court said election petitions should be sui generic; and therefore distinguished from other legal matters.
He looked at the arguments on whether or not the words, “nomination” and ’sponsorship’ could be used conjunctively on election petition matters.
Citing the case of Ojukwu V Obasanjo, and other authorities in English, Ogunwumiju said “nomination or sponsorship is like trying to make a distinction without a difference.”
Ogunwumiju said the tribunal erred in law via misapplication of the interpretation of the word “participation,” adding, “after sponsorship by a political party, its duty does not exceed campaigning.”
He said that the striking out of the appellants’ petitions, on the excuses of lack of ‘locus standi’ was not the intendment of the makers, of the Electoral Act.
The judge said that it would be a dangerous intention if the Act had allowed complaint during the polls, without a room for the election petition tribunal.
Before his judgment, he drew an analogy from a student who after being fully acknowledged as a candidate for an examination suddenly discovered during the examination that his name and number were missing. He asked, whose fault, is it that of the candidate or the examiner?
He therefore ruled that, ” protection of an individual include that he should be allowed remedy on wrongs against him. Democracy is not an esoteric content. It consists the will of the majority against the tyranny of the minority.
“The whole essence of our democracy is grounded on the rule of law. I hold my firm belief on this and therefore pronounce that the judgment of the lower court is set aside. The petition should, therefore, be sent to a different (newly constituted) tribunal for fresh hearing.”
Reacting to the judgment, the governorship candidate of the Democratic Peoples Party (PDP) in Kwara State, Mr. Gbenga Olawepo said: “It is a profound one, it will enlarge the boundary of freedom and entrench democracy in Nigeria”, adding: “We thank God for the judges and we thank God for Nigeria.”
