Mr. Kainji Aluge-obia V. Martin Okonta & Ors (2008)

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SAKA ADEYEMI IBIYEYE, OFR, J.C.A

It is now common knowledge that general elections were held into several elective offices throughout the thirty-six component States of the Federal Republic of Nigeria on the 14th day of April, 2007. One of the elective offices into which the election took place was the Ika South Constituency in the Delta State House of Assembly in Asaba. At the election into the said constituency, three candidates who were Kainji Aluge-Obia,. Ikpade Oyibo Jacob and Martin Okonta contested and were respectively sponsored by the Action Congress (AC), Democratic Peoples Party and Peoples Democratic Party.

At the conclusion of the election on the 14th day of April, 2007 the Electoral Officer for the Ika South Local Government Area (the 4th respondent) declared Martin Okonta (the 1st respondent) the winner having scored 59,477 votes followed by Ikpade Oyibo Jacob who scored 634 votes to be in the second position while Kainji Aluge-Obia (the petitioner) scored 605 votes to be in the third position.

The petitioner (Kainji Aluge-Obia) was apparently vexed by the declaration of results made by the Electoral Officer of the Ika South Local Government Area (the 4th respondent) and filed a petition on the 16th May, 2007.

The petition which was filed before the Governorship and Legislative Houses Elections Tribunal sitting in Asaba, at the risk of detailed repetition, is essentially-

“1. Your petitioner, Kainji Aluge-Obia, was a candidate at the above election and your petitioner states that the election was held on the 14th of April, 2007 when Aluge-Obia Kainji (AC) i.e. petitioner; Ikpade Oyibo Jacob (DPP) and Martins Okonta (PDP) were candidates.

2. Your petitioner states that he has a right to present this petition being one of the candidates for the said election.
3. The votes of the candidates as declared by the 4th respondent are as follows:

(a) The petitioner = 605 votes

(b) The 1st respondent = 59,477 votes

(c) Ikpade Oyibo Jacob = 634 votes

4. The 4th respondent declared the 1st respondent the winner of the election on the 17th of April, 2007, but issued a Declaration of results which he back-dated to 14th April, 2007. At the hearing, the petitioner will rely on a certified true copy of the said Declaration of results of the elections Form EC 8E(1) issued by the 4th respondent.
5. Your petitioner states that the facts on which the petitioner relies are as follows:

(a) The 1st respondent was at the time of the election not qualified to contest the election because:-

(i) The 1st respondent was not the candidate nominated by the PDP for the said election; the candidate who was nominated but did not contest was KINGSLEY PHILIPS.

(ii) The Federal High Court NO.4 sitting in Abuja had in a judgment delivered in Suit No. FHC/ABJ/CS/220/2007 declared that the 1st respondent was not the candidate duly nominated by

the Peoples Democratic Party for the said election. At the trial, the petitioner will rely and found on a certified true copy of the judgment in the said case.

(b) The petitioner avers that the votes cast for the 1st respondent were null and void, he not being a candidate at the said election.