Chief Matthias Omeh V. Chief Fidelis Okoro & Ors (1999)

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UBAEZONU, J.C.A.

This is an appeal against the decision of the Election Tribunal sitting at Enugu refusing to amend the petition of the appellant. In the motion the appellant sought to amend his petition by inter alia, joining additional respondents mentioned in the amended petition. The additional respondents sought to be joined as shown in Exh. A attached to the affidavit in support of the motion are:

5. RETURNING OFFICERS FOR NSUKKA, IGBO-EZE NORTH AND UZO-UWANI LGA’S
6. RETURNING OFFICERS FOR THE FOLLOWING WARDS IN NSUKKA LG.A.

(i) Alor Uno (ii) Ejuonal Uwani (iii) Nru (iv) Opimo/Ikwoka (v) Obukpa (vi) Agbamere/Umabor (vii) Eha-Ulo (viii) Ihe (ix) Okpunanor

7. RETURNING OFFICERS FOR THE FOLLOWING WARDS IN UZO-UWANI LG.A.

(i) Ukpata (ii) Abbi (iii) Ugbene 1 (iv) Ugbene II (v) Umulokpa

8. RETURNING OFFICERS FOR THE FOLLOWING WARDS IN IGBO-EZE NORTH L.G.A.

(i) Ette I (ii) Ette II (iii) Ette III (iv) Umuozi II (v) Umuozi III (vi) Umuoli V (viii) Umuozi VIII (viii) Umuozi x.

The persons sought to be joined are officials of the 2nd respondent i.e. the Independent National Electoral Commission. The election petition concerned the election of the 1st respondent in the Enugu North Senatorial Constituency in the National Assembly election of 20th February, 1999. The motion to amend was filed on 19/3/99. The application was heard by the Tribunal on 10/4/99. In a considered ruling delivered on 12/4/99 the Tribunal refused the amendment sought and accordingly dismissed the motion. This appeal is against the said dismissal of the said motion.

The appellant formulated one issue for determination vis:

“Whether the Tribunal was right in refusing the amendment sought for the reasons advanced?”

Arguing the lone issue in his brief the appellant conceded that the following facts are common grounds between the parties i.e.

“(i) The election giving rise to the petition was held on 20th February 1999.

(ii) That under the applicable Decree No.5 of 1999 (Section 77) an election petition must be filed within 30days from the date on which the result was declared.

(iii) That the Petition was filed within the lime so specified and on 12/3/99.

(iv) That the application for its amendment (Exhibiting the Amended Petition) was filed at the Tribunal within the 30 days specified for filing a petition.”

It is submitted on behalf of the appellant that the right of amendment under the Federal High Court Rules cannot be fettered. Learned Senior Counsel refers to