VOID ELECTION: Effect where petitioner seeks that election be declared void and at same time that he be declared winner

VOID ELECTION: Effect where petitioner seeks that election be declared void and at same time that he be declared winner PRINCIPLE "It is a contradiction in form for a petitioner in an election petition to ask that an election be declared void and at the same time ask that he be declared the winner. He cannot ask for avoidance of the whole election and still benefit from the voidity by being returned under the void election. If the election is void, there would be no winner and the logical consequence would be a bye-election. In the instant case, the appellant in his petition prayed the tribunal to set aside the return of the 1st respondent as winner of election and to declare fresh election in Oru West Constituency. In his brief, however, he urged the Court of Appeal to declare him the winner or in the alternative order for a retrial of the petition. This was wrong however as the election held in the 60 polling units and non election in 58 polling booths voided the election conducted by the 2nd respondent on 14th April, 2007." Per Galadima, JCA. OTHER CITATIONS Onuigwe v. Emelumba (2008) 9 NWLR (Pt.1092) 371 at 411-412, paras. G-B; D (CA) MILORD

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