Hope Democratic Party V. Independent National Electoral Commission (INEC) & Ors(2008) (2008)

LawGlobal-Hub Lead Judgment Report

GEORGE OLADEHINDE SHOREMI J.C.A.

This is an appeal against the Ruling of the Election Petition Tribunal sitting in Port Harcourt, Rivers state delivered on 29/11/07. The tribunal dismissed the petition of the Appellant as grossly incompetent and lacking in merit.

The brief facts are that:

The Petitioner/Appellant (who is hereinafter referred to as the Appellant) is a registered political party which sponsored a candidate in the 14/4/07 Rivers State governorship election. By a petition filed by G.U. Ukachukwu Esq. of A.A. Owuru & Co., the Appellant challenged the return of the 4th Respondent as winner of the election. The same G.U. Ukachukwu Esq. also filed all the subsequent processes in the petition for the Appellant.

On 4/7/07 the petition came up for pre-hearing, but neither the Appellant nor its counsel was present. Consequently, on the application of the Respondents the election Tribunal dismissed the petition under paragraph 3(11) (a) of the Practice Directions 2007.

Subsequently, the Appellant on 9/7/07 filed a motion on notice to set aside the order of 4/7/07 striking out the petition. The motion came up for hearing before the Election Tribunal on 24/7/07.

Iyke Nwawuike with G.U. Ukachukwu Esq. announced appearance for the Appellant. Iyke Nwawuike then made the following oral application:

“The applicant has directed us to withdraw this application. We had the application for re-listing this petition but the petitioner has directed us to withdraw this application, this is in line with extending our hand of friendship.”

The above oral application to withdraw the motion for re-listment was not opposed by the Respondents; hence the Tribunal granted the application and struck out the motion.”

More than three months after the striking out of the motion for re-listment the Appellant on 29/10/07 filed a motion on notice before the Election Tribunal praying for the following reliefs:

“i. an order of court setting aside the order of the Tribunal which struck out petition No. EPT/G/8/2007 slated for pre-hearing court session on the 4th day of June 2007 and Petitioner’s motion on notice dated on the 9th day of July, 2007 for the re-listment petition.

ii. an order setting aside the oral application of one Barrister A.I. Uwawuike and the ruling of this Honourable Tribunal striking out on the 24/7/07 the petitioner’s petition based on false information misrepresentation.

iii. an order of this court re-listing and setting down for hearing the substantive petition No. EPT/G/8/2007 for accelerated hearing on its merits.”

It is pertinent to highlight that the Appellant’s motion stated in 2.5 hereof was not supported by a written address as required by paragraph 6(3) of the election Tribunal and Court Practice Directions 2007. Nevertheless, the Respondents on 7/11/07 and 22/11/07 respectively filed counter-affidavits and written addresses in opposition to the motion notice.