“By the above provision of the Electoral Act (supra), INEC is not only a necessary party but a statutory party. Having agreed with the two courts below on the issue, all the flamboyant arguments of counsel for the appellant on this issue are of no moment. Having challenged the actions/decision of INEC in the Kogi State Governorship election held on 21st November, 2015 and 5th December, 2015, it was necessary to make the Commission a party to the petition as it would have been unfair and impossible to determine the issues raised by the appellant in the absence of INEC.”

The Supreme Court relied on Section 137(3) of the Electoral Act, 2010 (as amended) which made it mandatory for INEC to be made a party where complaints are made against it or its officials in an election petition.