Independent National Electoral Commission (Inec) & Ors V. Mr. L.g.a. Korsi (1999)

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AKPIROROH, J.C.A.

In this appeal each set of appellants (1st, 2nd & 3rd) respondents and the (4th respondent) appealed against the judgment of the Election Tribunal sitting at Port Harcourt on petition No. LGCET/PH4/98 delivered on 12/2/99.

The petitioner/respondent, Mr. L.G.A. Korsi contested election for the Chairmanship of Khana Local Government Council under the platform of the Peoples Democratic Party (PDP) with the 4th respondent/appellant, Mr. Nwara Lebari under the platform of the All Peoples Party (APP), Nwidobie under the platform of the Alliance for Democracy (AD) and Owen under the platform of Movement for Democracy and Justice (MDJ).

At the conclusion of the election the scores were as follows:-

4th Respondent/Appellant………… 49,222

Petitioner/Respondent…………….. 31,433

Nwidobie……………………………… 5,729

Owen…………………………………. 1,609

Accordingly, the 4th respondent/appellant of the All Peoples Party was declared as duly elected by the 1st respondent/appellant.

The petitioner/respondent dissatisfied with the results filed a Petition at the Election Tribunal No.1 of Rivers State. At the hearing, the petitioner/respondent called nine witnesses while the respondents/appellants called seven witnesses.

The tribunal after hearing the evidence and submissions of learned counsel and in its judgment delivered on 19/12/99 upheld the petitioner/respondent’s second prayer and cancelled the election of the 4th respondent/appellant and ordered a bye-election to the office of the Chairmanship of Khana Local Government Council.

Dissatisfied with the decision of the trial tribunal the 1st, 2nd & 3rd respondents/appellants and the 4th respondent/appellant filed these appeals against the said judgment.

The 1st, 2nd and 3rd respondents/appellants filed four grounds of appeal (see pages 134-138 of the records while the 4th respondent/appellant filed eight grounds of appeal (see: pages 139-144 of the brief of argument) of the 4th respondent/appellant. Based on the grounds of appeal filed, the 1st, 2nd and 3rd respondents/appellants formulated four issues for determination. They are:-

“1. Whether having regard to the state of pleadings and the evidence adduced at trial, the Local Government Council Election Tribunal was right to hold that figures were altered in Exhibits D, J, K and C