Thomas Ugwu V. Hon. Ede Samuel Igwe & Ors (1999)

LawGlobal-Hub Lead Judgment Report

FABIYI, J.C.A.

This is an appeal against the decision of the Local Government Election Tribunal holden at Enugu on 8/2/99 nullifying the return of the appellant as the elected Councillor of Ubahu/Amankanu Ward in Nkanu East Local Government Area. The tribunal returned the petitioner/respondent as the duly elected councillor of the same ward.

In the nationwide Local Government election held on 5/12/98, the 1st respondent vied under the banner of Alliance for Democracy (AD). The appellant herein contested on the platform of All Peoples Party (APP). One Simeon Akaeme tried his chance under Peoples Democratic Party (PDP). The appellant was returned as the winner on 5/12/98 a Councilor elect of the stated ward. The 1st respondent was not satisfied with the return of the appellant. In short, he felt he had cause to cry foul. The 1st respondent filed his petition at the Election Tribunal Registry on 21/12/98.

Eze O. Eze Esq., learned counsel for the 2nd – 3rd respondents, filed a notice of preliminary objection dated 7/1/99 on 18/1/99. He raised objection to the jurisdiction of the tribunal as, according to him, the petition is incompetent having been filed out of time allowed by law. In the reply filed on behalf of the appellant on 21/1/99, paragraph 5 contains a challenge to the competence of the petition.

The preliminary objection was taken on 23/1/99. The tribunal overruled the objection in a rather hasty fashion. The tribunal stated that the period of 5/12/98, when the result was declared and 21/12/98 when petition was filed, is 13 days. The trial tribunal then went ahead to determine the petition in favour of the petitioner/respondent on 8/2/99. The stance of the tribunal precipitated this appeal.

The notice of appeal dated 11/2/99, was filed on 15/2/99. The notice was accompanied by two grounds of appeal which read as follows:-

“Ground 1 – error in law

The Election Tribunal erred in law when it went on to hear and determine this petition on its merits without regard to the fact that it had no jurisdiction so to do.

Particulars

(a) The Local Government (Basic Constitutional and Transitional Provisions) Decree No. 36 of 1998 provides that an election petition shall be presented within fourteen days of the declaration of the election result.

(b) The election held (sic) and result therefore was declared on 5/12/98.

(c) The petition was filed on 21/12/98.

Ground 2.

The judgment of the tribunal is against the weight of evidence.”