Nze Jeremiah Osigwelem V. Independent National Electoral Commission & Ors. (2008)

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TIJANI ABDULLAHI, J.C.A.

This is an appeal from the Ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Owerri, Imo State delivered on the 20th day of August, 2007 wherein the lower Tribunal held that the Appellant’s petition was incompetent and dismissed same on that ground. The Lower Tribunal in the said Ruling held thus:

“In view of the foregoing, the objection of the Respondents is sustained and the petition being incompetent is hereby dismissed.”

Dissatisfied with the decision stated (supra), the Appellant filed this appeal consisting of four grounds. The grounds shorn of their particulars are as follows:-

GROUND ONE

The Election Tribunal erred in law in striking out the petition.

GROUND TWO

The Election Tribunal erred in law when it held:

‘We pleaded facts spelt out above entirely deal with pre-election issue. In PDP v. HARUNA (supra) at p. 612 para E – F it was held that ‘Nomination is a primary issue which the Petitioner now Appellant should have challenged at an earlier stage and not after he had allowed the election to go on unchallenged and lost.”

GROUND THREE

The Tribunal erred in law in holding that:

‘The Petitioner therefore brings to the fore the issue of scores and votes. It is therefore upon him to plead the scores of all the candidates who contested the election as declared by INEC. Failure of the Petitioner to comply with the mandatory provision of paragraph 4(1)(c) of the Electoral Act 2006 renders the petition incompetent.’

GROUND FOUR

The Election Tribunal erred in law in conducting all its proceedings in Chambers instead of in open Court.”