Nnamdi Ihute V. Independent National Electoral Commission & Ors (1999)

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AKPIROROH, J.C.A. 

This is an appeal against the decision of Election Tribunal sitting at Port Harcourt Rivers State delivered on 12th February, 1999. The petitioner/appellant Nnamdi Ihute contested the chairmanship election in Oyigbo Local Government Council Area with Bright Jacob Onyebuchi, the 4th respondent under the platform of Peoples Democratic Party (PDP) and All Peoples Party (APP) respectively.

At the end of the polls, the 4th respondent scored 16,103 votes while the petitioner scored 13,698 votes, the 4th respondent was declared the winner of the election.

Aggrieved by the aforesaid election results, the petitioner/appellant petitioned to the trial tribunal challenging the validity of the election on two grounds.

They are:-

(a) That election in ward 2 of the Local Government Area was not conducted in substantial compliance with the law. and

(b) That the 4th respondent was not duly elected by a majority of lawful votes cast at the election.”

The trial tribunal after hearing the matter and the submissions of learned counsel and in its judgment delivered on 12/2/99 dismissed the petition.

In this appeal, the petitioner/appellant filed two grounds of appeal (see pages 90-91 of the records).

Mr. Aguma, learned counsel for the petitioner/appellant in his brief of argument filed on 5/3/99 formulated two issues for determination by the court and adopted them.

Mr. Godwins, learned State Counsel, Ministry of Justice, Rivers State for the 1st – 3rd respondents and Mr. Bomor, learned counsel for the 4th respondent also adopted the two issues formulated by the petitioner/appellant in their briefs of argument filed on 12/3/99 respectively.

I consider it pertinent at this stage to reproduce the two issues – They read as follows –

“(1) Whether there were substantial irregularities in the conduct of the elections in ward 2 to necessitate the vitiation of the results declared?

(2) Whether on the evidence adduced the court was right in coming to the decision that the election in ward 2 was tainted by irregularities?”