Chief Dr. Felix Amadi & Anor V. Independent National Electoral Commission & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This is an appeal against the judgment of the Court of Appeal Holden at Port Harcourt, delivered on 7th December, 2011, in which the court struck out appeal No.CA/PH/EPT/36/2011 for want of jurisdiction.

Following the Governorship Election conducted by the 1st respondent into the Office of Governor of Rivers State, on the 26th day of April, 2011, the 2nd respondent was returned as winner of the said election, haven pulled the highest number of votes cast at the election.

The 1st appellant was a candidate of the 2nd appellant for the said election and complained that they were unlawfully excluded from the election by the 1st respondent not including the name and logo of the 2nd appellant in the ballot papers used for the said Rivers State Governorship Election, as a result of which appellants filed petition no. EPT/GOV/3/2011 at the Governorship Election Tribunal sitting at Port Harcourt challenging the return of the 2nd respondent.

The grounds for the petition are that:-

1. That the 1st respondent was validly nominated by the 2nd appellant as its candidate but unlawfully excluded by the 1st respondent from contesting the 2011 Governorship Election in Rivers State held on the 26th April, 2011.
2. That the 2nd appellant, a duly registered political party was unlawfully excluded from contesting the 2011 Governorship Election in Rivers State held on the 26th April, 2011.

Appellants then claimed the following reliefs:-

a. A. declaration that the 1st appellant was validly nominated and sponsored by the 2nd appellant but was unlawfully excluded by the 1st respondent from the Rivers State Governorship Election held on 26th April, 2011

b. A declaration that the Rivers State Governorship Election conducted on 26th April, 2011 is invalid, null and void by reason of the unlawful exclusion of the 1st and 2nd appellants from the said election by the 1st respondent.

c. A declaration that the 2nd respondent was not duly elected or returned and his declaration as winner of the said election for the Rivers State Governorship Election is void and should be accordingly nullified by reason of the unlawful exclusion of the 1st and 2nd appellants from the election for the governorship of Rivers State conducted by the 1st respondent on 26th April, 2011.

d. A declaration that a re-run or fresh Governorship Election be conducted by the 1st respondent in Rivers State with the names and symbols of the appellants respectively duly included in the ballot papers and all relevant electoral materials.

e. An order nullifying the 2011 Rivers State Governorship Election held on 26th April, 2011 by reason of unlawful exclusion of the 1st and 2nd appellant’s names, symbol and logo from the ballot papers and other electoral materials including the result sheet by the 1st respondent.

f. An order cancelling, revoking and or withdrawing the certificate of returns issued by the 1st respondent in favour of the 2nd respondent.

g. An order restraining the 2nd respondent from being sworn in or otherwise acting as the Governor of Rivers State and from performing any function as the Governor of Rivers State based on his purported return as the winner of the Governorship election of the 26th April, 2011 wherein the 1st and 2nd appellants were unlawfully excluded from the said 2011 election by the 1st respondent.

At the conclusion of trial, the tribunal dismissed the petition of appellants in a judgment delivered on the 7th day of October, 2011.