Ibiso N. Nwuche V. Kennedy Ebeku & Ors. (2003)

LawGlobal-Hub Lead Judgment Report

ABOYI JOHN IKONGBEH, J.C.A.

This appeal is from the decision of the National Assembly/Governorship and Legislative Houses Election Petitions Tribunal sitting at Port Harcourt. The Tribunal had struck out the appellant’s petition challenging the return of the 1st respondent as the winner of the election into the Rivers State House of Assembly to represent the Ahoada East Constituency II.

The order striking out the petition was made following a preliminary objection on behalf of the respondent on the following grounds:
“(i) The petitioner was a candidate sponsored by the All Nigeria Peoples Party (A.N.P.P.) until the 1st of May, 2003 when the party irrevocably withdrew from participating into the State Assembly Elections.

(ii) By a Public Notice dated 1st May, 2003, in the print and electronic media, the All Nigeria Peoples Party (A.N.P.P.) withdrew from participating into The State Assembly Elections of 3rd May, 2003.

(iii) By virtue of the Relevant Provisions of the 1999 Constitution and the Electoral Act, 2002, only registered political parties can canvass for votes and sponsor candidates in Election.

(iv) The petitioner was not a contestant of the May 3, 2003 elections into the State House of Assembly.

(v) It will not be possible for the Tribunal to entertain this petition without being called upon to determine the effect of the Notice issued by the All Nigeria Peoples Party (A. N. P. P.) as it affects their sponsored candidates, which is an internal affair of the party and it’s members.

(vii) The petitioner purports to have been the sponsored candidate of the All Nigeria Peoples Party (A. N. P. P.) in the May 3, 2003 elections into the State House of Assembly

(vii) That in view of the (i- vi) (sic) above the petitioner lacks the locus standi to present this petition and the Honourable tribunal lacks the jurisdiction to entertain same.”

A like motion was filed on behalf of the other respondents.

As can be gathered from the stated grounds, the argument in support of the objection was that a few days to the election in question the party that sponsored the petitioner gave notice in writing withdrawing from participation in the election. Since, by the provisions of the 1999 Constitution and the Electoral Act, 2002, no individual can contest an election without sponsorship by a political party, and since the party that sponsored the petitioner/appellant had voluntarily withdrawn from participation in the election, it followed that the petitioner/appellant was not a candidate at the election and, therefore, not competent to present a petition in respect of the election. Photostat copies of the said document were introduced into the proceedings as Exhibits KEI and A respectively to the two affidavits in support of the motion for objection.

After hearing arguments, the Tribunal came to the ultimate conclusion that –
“… in view of the decision by the Rivers State Branch of the A. N. P. P. unilaterally to withdraw from participating in the House of Assembly election which was held on 3rd May, 2003, the Petitioner/Respondent could not on his own be regarded as a candidate at the said election. Consequently, he does not have the necessary locus standi to present an election petition under section 133(1) of the Electoral Act, 2002. The petition is therefore incompetent and liable to be struck out and it is struck out accordingly.”

The petitioner has appealed against this conclusion on two grounds (not one as erroneously stated by Mr.V.N. Ihua-Maduenyi in the 1st respondent’s brief of argument). Out of the two grounds Mr. A. Eke-Ejelam, who prepared the appellant’s brief of argument), formulated the following two issues, which Mr. Ihua Maduenyi adopted on behalf of the 1st respondent:
“(a) Within the meaning and con of the provisions of the Electoral Act, 2002 in respect of nomination and withdrawal of a candidate for an election, can Exhibit KEI (also I.N.E.C. A) disentitle the Petitioner from presenting a petition under the Electoral Act, 2002 having regard to the cons of his petition filed on the 2nd day of June, 2003.

(b) Whether the Tribunal was not obliged by law to look at the Petition as presented by the Petitioner to determine whether or not the Petitioner has locus standi to present the petition.”