WIKE EZENYVO NYESOM V. 1. HON. (DR.) DAKUKU ADOL PETERSIDE 2. ARE PROGRESSIVES CONGRESS (APC) 3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) 4. PEOPLES DEMOCRATIC PARTY (PDP) SUPREME COURT OF NIGERIA SC. 1002/2015 MAHMUD MOHAMMED, C.J.N. (Presided) IBRAHIM TANKO MUHAMMAD, J.S.C. NWALI SYLVESTER NGWUTA, J.S.C. KUMAI BAYANG AKA’AHS, J.S.C. KUD1RAT MOTONMORI OLATOKUNBO KEKERE -EKUN, J.S.C. (Read the Leading Judgment) JOHN INYANG OKORO.J.S.C. AMIRU SANUSI, J.S.C. FRIDAY, 12 TH FEBRUARY 2016 ADMINISTRATIVE LAW - Independent National Electoral Commission - Stains of - Powers and functions of. APPEAL - Concurrent findings of fact by trial court and Court of Appeal - Altitude of Supreme Court thereto - When will interfere with. APPEAL - Decision of Supreme Court or Court of Appeal -Judgment and opinions of Justices of Supreme Court and Court of Appeal -How delivered - Who can deliver - Justice who did not participate in hearing of case - Whether ran deliver judgment or give opinion on same CONSTITUTIONAL LAW - Independent National Electoral Commission - Slams of - Powers and Junctions of. CONSTITUTIONAL LAW - Right to fair hearing - Denial of- Effect of. CONSTITUTIONAL I AW Right to fair hearing Scope o f . COURT - Competence of court - When a court is competent - Determinants o f . COURT - Decision of court - Conn consisting of panel of Judges - Decision of - flow delivered - W h o can deliver - Judicial officer who did not participate in hearing of case - Whether can write or deliver a decision on same. COURT-Decision of Supreme Court or Court of Appeal - Judgment and opinions of Justices of Supreme Court and Court o f Appeal - How delivered - Who can deliver - Justice who did not participate in .hearing of case - Whether can deliver judgment or give opinion on same. COURT - Jurisdiction of court - Issue of - Fundamental nature of - When can be raised - Whether can be raised first time at Supreme Court. DOCUMENT- Documentary evidence - Admissibility of - Probative value of - What determines each - Difference between both. DOCUMENT - Documentary evidence - Where maker of not called as witness and was tendered by witness having limited knowledge of its contents - Whether court will give probative value thereto. ELECTION - Accreditation of voters - Identity of voter - Authentication of - Power of Independent National Elector Commission to under take - Source of - Section 57, Electoral Act, 2010 ( a s amended). ELECTION - Accreditation of voters - Procedure therefor - Manual accreditation by reference to voters' register - Whether extant or replaced with use of Smart Card Reader machines. ELECTION - Conduct of election - Electronic voting machine Use of - Prohibition of - Scope of - Whether includes Smart Card Reader machines - Section 52(I)(b), Electoral Ad, 2010 (as amended). ELECTION - Conduct of election - Non-compliance with Electoral Act - When will not invalidate election - Section 139(1). Electoral Act (as amended). ELECTION - Conduct of election - Regulations and guidelines therefor - Power of Independent National Electoral Commission to make - Source of - Regulations and guidelines so made - Act or omission contrary thereto - When not a ground for election petition - Sections 138 (2 ) and 153, Electoral Act, 2010 (as amended). ELECTION - Conduct of election - Smart Card Reader machines - Introduction and use of by Independent National Electoral Commission - Need for commendation of. ELECTION - Conduct of election - Smart Card Reader machines - Use of in election by Independent National Electoral Commission - Function and purpose of - Whether use replaces voters' register or statement of election result in appropriate forms. ELECTION - Election petition - Appearance of respondent thereto - Time limit for - Rule applicable thereto - Whether paragraph 10(2), first Schedule, Electoral Act, 2010 (as amended) or section 99, Sheriffs and Civil Process Act. ELECTION - Election petition - Issuance and service of - Rules governing - Adequacy of paragraphs 6 - 8, first Schedule, Electoral Act, 2010 (as amended) - Whether sections 97 - 99, Sheriffs and Civil Process Act applicable. ELECTION - Election petition - Over-voting in an election -Allegation of - Proof of - What petitioner must do. ELECTION - Election petition - Who can present. ELECTION - Election petitions - Nature of - Whether time bound. ELECTION - Election petitions - Practice and procedure of – Rules therefor - Sources of - Federal High Court (Civil Procedure) Rules - When and how applicable. ELECTION - Election results declared by Independent National Electoral Commission - Presumption of regularity of – Petitioner challenging same - Onus on. ELECTION - Election tribunals - Governorship Election Tribunal - Composition and quorum of - What are. ELECTION - Electoral Act, 2010 (as amended) - Amendment of to provide for use of Smart Card Reader machines in an election - Need for. ELECTION - Electoral Act, 2010 (as amended) - Provisions of - Whether superior to directives of Independent National Electoral Commission. - ELECTION - Independent National Electoral Commission - Notice required to be given to commission under Electoral Act -Where given but inadequate - Who can complain about same. ELECTION - Independent National Electoral Commission - Status of - Powers and functions of. ELECTION - Notice required to be given to Independent National Electoral Commission under Electoral Act - Where given but inadequate - Who can complain about same. ELECTION - Return of candidate - Challenge of - Where on ground of corrupt practices or non-compliance with Electoral Act -What petitioner must prove to succeed. ELECTION - Smart Card Reader machines - Nature of - Use of in conduct of election - Purpose and function of. ELECTION - Smart Card Reader machines - Use of in conduct of election - Whether in conflict with provisions of Electoral Act, 2010 (as amended). ELECTION - Voter - Identity of - Authentication of - Power of Independent National Electoral Commission to undertake -Source of - Section 57, Electoral Act, 2010 (as amended). ELECTION - Voters - Non-accreditation of Allegation of - Proof of - Duty on petitioner to rely on voters' register. ELECTION PETITION - Conduct of election - Non-compliance with Electoral Act - When will not invalidate election - Section 139(1), Electoral Act (as amended). ELECTION PETITION - Conduct of election - Regulations and guidelines therefor - Power of Independent National Electoral Commission to make - Source of- Regulations and guidelines so made - Act or omission contrary thereto - When not a ground for election petition - Sections 138 (2) and 153, Electoral Act, 2010 (as amended). ELECTION PETITION - Corrupt practices - Where a ground for challenging return of candidate in an election - What petitioner must prove to succeed. ELECTION PETITION - Election petition - Appearance of respondent thereto - Time limit for - Rule applicable thereto -Whether paragraph 10(2), First Schedule, Electoral Act, 2010 (as amended) or section 99, Sheriffs and Civil Process Act. ELECTION PETITION - Election petition - Issuance and service of - Rules governing - Adequacy of paragraphs 6 - 8, First Schedule, Electoral Act, 2010 (as amended) - Whether sections 97 - 99, Sheriffs and Civil Process Act applicable ELECTION PETTI ION - Election petitions - Nature of- Whether time bound. ELECTION PETITION - Election petitions - Practice and procedure of - Rules therefor - Sources of - Federal High Court (Civil Procedure) Rules - When and how applicable. ELECTION PETITION - Election tribunals - Governorship Election Tribunal - Composition and quorum of - What are. ELECTION PETITION - Irregularity in election petition or proceedings rising therefrom - Application to set aside - When should be filed - When will not be granted - Paragraph 53(2), First Schedule, Electoral Act. ELECTION PETITION - Non-compliance with Electoral Act -Where a ground for challenging return of candidate in an election - What petitioner must prove to succeed. ELECTION PETITION - Notice required to be given to Independent National Electoral Commission under Electoral Act - Where given but inadequate - Who can complain about same. ELECTION PETITION - Over-voting - Allegation of - Proof of-What petitioner must do. ELECTION PETITION - Return of candidate - Challenge of -Where on ground of corrupt practices or non-compliance with Electoral Act - What petitioner must prove to succeed. ELECTION PETITION - Voters - Non-accreditation of- Allegation of - Proof of - Duty on petitioner to rely on voters' register. ELECTION PETITION - Election Petition - Who can present. EVIDENCE - Admissibility - Admissibility of document - What determines EVIDENCE - Concurrent findings of fact by trial court and Court of Appeal - Attitude of Supreme Court thereto - When will interfere with. EVIDENCE - Documentary evidence - Admissibility of - Probative value of - What determines each - Difference between both. EVIDENCE - Documentary evidence - Probative value of -Determination of - Relevant considerations for - Whether same as for admissibility of evidence. EVIDENCE - Documentary evidence - Where maker of not called as witness and was tendered by witness having limited knowledge of its contents - Whether court will give probative value thereto. EVIDENCE - Presumptions - Election results declared by Independent National Electoral Commission - Presumption of regularity of - Petitioner challenging same - Onus on. EVIDENCE - Proof- Non-accreditation of voters during election - Allegation of - Proof of - Duty on petitioner