Edward Nkwegu Okereke V Nweze David Umahi & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

This Court heard and dismissed this appeal on January 27, 2016. It promised to proffer its reasons for doing so on Friday, February 5, 2016, that is, today. Its reasons are set out below.

The third respondent in this appeal, (Independent National Electoral Commission, INEC, for short), conducted election into the office of the Governor of Ebonyi State on April 11, 2015. The appellant in this appeal, Edward Nkwegu Okereke, was sponsored by the Labour Party.

On his part, the first respondent, Nweze David Umahi, was the candidate of the second respondent, Peoples Democratic Party (hereinafter, simply, referred to as “PDP”).

At the end of the poll, the third respondent declared the said Nweze David Umahi (first respondent herein) as the winner and the duly returned candidate for the said election. The sad declaration was sequel to the third respondent’s finding that he (the first respondent) scored the highest number of votes cast and, in addition, satisfied the constitutional requirements apropos the election to the Office of the Governor of Ebonyi State.

Dissatisfied with the above

declaration, the appellant and his party, the Labour Party, approached the Governorship Election Petition Tribunal (hereinafter, simply, called “the trial Tribunal”) with their Petition in which they challenged the declaration and return of the first respondent as the Governor of Ebonyi State.

In passing, it may be noted here that, pursuant to its application, the trial Tribunal struck out the name of the Labour Party from the Petition; hence leaving the appellant as the sole Petitioner.

The appellant’s Petition was predicated on the Grounds set out at page 4, Vol 1 of the record. They were framed thus:

(i) That the election of the first respondent, Nweze David Umahi, the person whose election is questioned, was invalid by reason of non-compliance with the provisions of the Electoral Act, 2010 (as amended) and the provisions of the Constitution of the Federal Republic;

(ii) That the said election was marred by various acts of corrupt practices and irregularities;

(iii) That the said Nweze David Umahi was not elected by the majority of the lawful votes cast at the Governorship election of Ebonyi State held on the 11th April, 2015.

For their bearing on the issues

formulated by the appellant, the reliefs, which the appellant entreated from the trial Tribunal, are set out here in extenso, viz: