Barrtster Emeka Wogu V. Enwereuzo Eze a. A.k.a. Anthony Enwereuzo & Ors (1999)

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ABOYI JOHN IKONGBEH, J.C.A.

This is an appeal by the petitioner before the Imo/Abia States National Assembly Election Tribunal against the Tribunal’s pre-mature termination of his petition. He lost the election into the House of Representatives to the 1st respondent. Dissatisfied with the results as declared by I. N. E. C., he filed his petition on the following two grounds:

“1. That the 1st Respondent whose election is hereby questioned was at the time of the election not qualified to or was disqualified from contesting the said election.

2. That the election was voided by corrupt practices and offences against the provisions of the enabling statue and by non compliance with the provisions of the enabling statute, which corrupt practices, offences and non compliance were orchestrated by then 1st respondent and condoned by the 2nd and 3rd respondents.”

The facts supporting the two grounds are set out in Paragraphs 7(1) and 7(2) thus:

“1. DISQUALIFICATION/NON QUALIFICATION

i. The 1st Respondent using his proper name Anthony Enwereuzor registered as a voter at Ama Asaa Ntigha Ward, Isiala Ngwa North LGA and at Aba Town Hall Ward Aba South LGA through proxies. The respondents are given notice to produce the original copies of the voter registration cards and the registers for the two cards and the registers for the two wards in question.

ii. The 1st respondent was nominated in two constituencies namely Abia Central Senatorial Constituency and Aba north/Sought Federal Constituency, using his real name Anthony Enwereeuzor. The Respondents are given notice to produce the two nomination forms.

iii. As a consequence of his double registration and nomination, the 2nd Respondent DISQUALIFIED the 1st Respondent and communicated this fact to the All Peoples Party Abia State through a letter which is hereby pleaded. The respondents are given notice to produce the same at the trial.

iv. The All Peoples Party was requested to submit another candidate in replacement of Anthony Enwereuzor, the 1st Respondent.

v. The 1st Respondent fraudulently reappeared as a Candidate, this time bearing the name Enwereuzo Eze A. on the 19th February, 1999 and fraudulently who was disqualified by the 2nd respondent is the same person as Enwereuzor Eze A. The 2nd Respondent is hereby given notice to produce the 1st respondent’s personal data form in their custody. The 1st respondent’s poster are pleaded.

vi. The 1st Respondent did not pay his tax for the three years immediately preceding the election and presented false, fabricated and concocted tax papers for the purpose of being cleared by the 2nd Respondent. These tax papers are not genuine and did not emanate from the relevant tax authorities. The respondent are given notice to produce the are given notice to produce the tax papers submitted by the Respondent who has the original in his custody.

7(2) CORRUPT PRACTICES OFFENCES AND NON COMPLIANCE WITH THE ENABLING LAW

(i) The 2nd Respondent acting in concert with 1st Respondent merely procured and relied upon imaginary returns contained in forms EC 8A and EC 8B to collate figures which they entered into form EC 8C upon which they based the results which they announced for the Constituency. These purported results were fabricated by the 1st Respondent. This agents and the respondents. The respondents are given forms EC 8A and EC 8B from which the form EC 8C for the constituency, were produced. The Petitioner will show from the produced form that

(a) They were computed in a manner not in compliance with the provisions of the enabling statute