Peoples Democratic Party & Anor V. Independent National Electoral Commission & Ors (2008)

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MARY U. PETER-ODILI, J.C.A.

This is an appeal by the Appellants who were the Petitioners at the Tribunal against the judgment of the National Assembly Election Petition Tribunal, sitting in Lokoja for Kogi Central Senatorial District Election held on 21st April, 2007. The 1st Petitioner is the registered political party which sponsored the 2 Petitioner for the election for Kogi Central Senatorial District held on 21st April, 2007. The 7th Respondent was also a candidate at the said election having been sponsored by the 8th Respondent. At the end of the election, the 3rd Respondent declared the 7th Respondent as the winner. Dissatisfied with the said declaration, the petitioners went tribunal seeking the reliefs as follows:-

1. That the 7th Respondent Alhaji Otaru Salihu Ohize was not duly returned as having the majority of lawful votes in the said election of 21st April, 2007 into the Kogi State Central Senatorial District.

II. That the unlawful votes allocated to the 7th Respondent as shown in the paragraphs of this petition be deducted from the overall vote scored at the election as recorded in FORM EC8E(i) and the lawful votes scored by him be computed accordingly.

iii. That the unlawful votes allocated to the Petitioner be calculated and deducted from the total votes purportedly scored by him and on the basis of the lawful votes thereof, that the 2nd petitioner be declared the winner of the election into Kogi State Central Senatorial District of 21st April, 2007 having polled the majority of lawful votes cast.

IN THE ALTERNATIVE

Your Petitioners pray that election and votes returned in the aforementioned polling stations as contained in paragraph 26 of this petition be nullified and a fresh election/bye election be conducted in the aforesaid area.

The Petitioners called witnesses and testified before the tribunal and tendered documents which were admitted in evidence. The 1st – 6th Respondents did not give evidence as they did not file any defence to the petition; their purported attempt to do so was refused by the Tribunal as being outside the mandatory statutory time. The 7th Respondent filed a defence, called witnesses and tendered documents which were admitted as exhibits.

After addresses of both counsel, the Tribunal dismissed the petition. Dissatisfied with the decision, the Appellants have appealed to this court.

FACTS BRIEFLY STATED

The Appellants filed a Joint Petition dated 21st May, 2007 and filed on 21st May, 2007. Only the 7th – 8th Respondents filed their reply. The attempt by the 1st – 6th Respondents to file their reply out of time was refused by the Tribunal. The Appellants had applied and were granted leave directing the 1st – 6th Respondents to produce electoral documents and permitting copies to be made thereto. The 1st – 6th Respondents who complied to some extent and made available some documents to Appellants which were tendered at the hearing.

The gravermen of the Appellant’s contention before the tribunal consists both of allegation of corrupt practices and non- compliance with the Electoral Act, 2006. Documents were tendered and the list of exhibits tendered by the appellants are seen in the records.

As earlier stated the Tribunal dismissed the petition even though it had made a finding of non compliance and computed the votes affected and after deducting them from the overall scores, held that the non-compliance did not affect the result of the election.

The 7th and 8th Respondents cross-appealed and in their Brief argued the response to the appeal and argument proffered to persuade the court in favour or their cross-appeal. The Appellants/Cross-respondents responded to the cross-appeal in their Reply Brief.

The Grounds of Appeal without the particulars are as follows:-