Sylvester Nwenugu Nwite V. Ude-umanta Anoke Michael & Ors (2008)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J. C. A.

This is an appeal against the Judgment of the Governorship and Legislative Houses Election Tribunal sitting at Abakaliki, Ebonyi State, delivered on 11th day of September, 2007 wherein the return of the 1st Respondent now Appellant as the winner of the election to the Onicha West Constituency seat of Ebonyi State House of Assembly was nullified and a bye-election ordered.

Dissatisfied with the Judgment, the appellant filed this appeal.

The 1st Respondent/Appellant formulated three issues for determination as follows:-

“(1) whether the trial tribunal was right in holding that non-joinder of PDP did not render the petition incompetent.

(2) Whether the lower tribunal was right in holding that the Petitioner proved his status as a candidate in the election entitling him to file the Petition in his individual capacity alone.

(3) Whether the lower Tribunal was right in holding that 1st Respondent failed to discharge the onus on him.”

The Petitioner/Respondent also formulated four issues for determination as follows:-

“(1) whether the Tribunal was right in holding that the Petitioner/Respondent and not the Appellant was the validly nominated candidate of the Peoples Democratic Party of Nigeria (PDP,) for Onicha West constituency of Ebonyi State in the State House of Assembly election held on 14/4/07.

(2) Whether the Tribunal had the Jurisdiction to entertain the complaints made by the Petitioner/Respondent in his election petition/regarding his valid nomination but unlawful exclusion from participation in the House of Assembly election held on 14/4/07 by INEC into Onicha West State Constituency of Ebonyi State.

(3) Whether the tribunal was right when it admitted in evidence Exhibits 4, 5, and 6 with or without objection and relied partly on them in reaching its decision and whether this occasioned any miscarriage of justice.

(4) Whether the tribunal was right in holding that the Petitioner/Respondent had the competence to file this petition in his own standing without joining the Peoples Democratic Party as a co-petitioner or as a respondent in the Petition,”

The 2nd to 4th Respondent formulated three issues for determination as follows:-

“(1) Whether INEC has the legal capacity to reject any candidate presented to it by a political party for purposes of elections.