Dr. Emmanuel Andy Uba V. Dame Virgy Etiaba & Ors (2008)

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MUNTAKA-COOMASSIE, J.C.A.

This is a consolidated appeal against the ruling of the Governorship/National Assembly and Legislative Houses Election Tribunal sitting in Awka, Anambra State delivered on the 19th of July, 2007.

The facts of the case briefly are that the Governorship and Legislative House Election were held throughout the country on the 14th of April, 2007. The candidate sponsored by the People Democratic Party Dr. Emmanuel Andy Uba was returned by INEC as the person who won the election to the office of governor of Anambra State. Other contestants being aggrieved by this declaration of result by INEC headed to the Election Petition Tribunal to air their grievance. The petitions filed and the parties were as follows:-

EPT/AN/GE/1/2007 ANPP & 1 Or. v. Prince Nicholas Ukachukwu & 3 Ors.

EPT/AN/GE/2/2007 Action Congress & 2 Ors. v. INEC & 3 ors.

EPT/AN/GE/3/2007 Victor Osita Dinma Ezenwa v. Dr. Emmanuel Uba & 3 Ors.

EPT/AN/GE/5/2007 Emeka Okafor & 1 Or. v. INEC & 3 ors.

EPT/AN/GE/6/2007 Dr. Alex Obiegbolu & 1 Ors. v. Dr. Emmanuel Andy Uba & 25 Ors.

EPT/AN/GE/7/2007 Mrs. Njideka Obiegbolu & 1 Or. v. Dr. Andy Emmanuel Uba & Ors.

EPT/AN/GE/4/2007 Dame Virgy Etiaba v. INEC & 647 Ors.

While the petitions and cross/petitions were pending before Election Petition Tribunal, Awka, on the 14th June, 2007, the Supreme Court delivered a judgment in Peter Obi v. INEC (2007) 11NWLR (Pt. 1046) pg. 565 which changed the fate of these petitions and cross petitions. In the 19th April, 2003 election to the office of Governor of the States of the Federation both Chris Ngige on the platform of Peoples Democratic Party and Mr. Peter Obi on the platform of All Progressive Grand Alliance (APGA) contested in Anambra State. INEC declared Dr. Chris Ngige winner and this sent Mr. Peter Obi to the Election Petition Tribunal to contest the result. The Election Petition Tribunal declared Mr. Obi winner and this was affirmed by the Court of Appeal Enugu on the 16th of March, 2006. He assumed office on the 17th of March, 2006. He did not contest the 2007 elections on the basis that his four-year tenure had not expired. Meanwhile INEC conducted gubernatorial election in Anambra State on the 14th of April, 2006. Mr. Peter Obi commenced a suit against INEC at the High Court by an originating summons whereupon he sought the determination of the following questions:-

1. Whether having regard to section 180(2)(a) of the 1999 Constitution the tenure of office of a governor first elected as governor begins to run when he took the oath of allegiance and oath of office.

2. Whether the Federal Government of Nigeria through the defendant being its agent can conduct any governorship election in Anambra State in 2007 when the incumbent governor took oath of allegiance and oath of office on 17th of March, 2006 and has not served his four year tenure as provided under section 180(2)(a) of the 1999 Constitution. Mr. Obi then sought reliefs as follows:-

(a) A declaration that the four year tenure of office of the plaintiff as the Governor of Anambra State began to run from the date he took the oath of allegiance and oath of office being the 17th day of March, 2006,