Martin Agbaso V. Ikedi Ohakim & Ors. (2008)

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OLUKAYODE ARIWOOLA, J. C. A.

This appeal emanated from the Governorship and Legislative Houses Election Petition Tribunal sitting in Imo State of Nigeria delivered on 26/07/2007. The appellant was the petitioner before the tribunal. The Petitioner, hereinafter referred to as the Appellant, was a candidate at the Governorship election that say, 2007 had claimed as follows:–

(i) A declaration of the Honourable Tribunal that the 2nd and 3rd Respondents have no power or jurisdiction to cancel or nullify the result of the governorship election held in Imo State on 14th April, 2007 and fix another election for 28th April, 2007.

(ii) A declaration of the Honourable Tribunal that the cancellation by the 2nd and 3rd respondents of the result of the Governorship election held in Imo State on 14th April, 2007 is unlawful, illegal null and void and the subsequent fixing and holding of another election for the same Governorship section 28th April, 2007 is unlawful, illegal, null and void.

(iii) A declaration of the Honourable Tribunal that the Petitioner is the elected Governor of Imo State having won the majority of the lawful votes cast at the election of 14th April, 2007 and ought to be returned by the 3rd Respondent.

(iv) A declaration that the cancellation of the gubernatorial election held in Imo State on 14th April, 2007 and the fixing and holding of another Gubernatorial election for Imo State on 28th April, 2007 were invalid and not in compliance with the provisions of Electoral Act 2006.

(v) An order of the Honourable Tribunal setting aside the election of 28th April, 2007 into the office of Governor of Imo State and the return of the 1st Respondent thereby made.

(iv) An order of the Honourable Tribunal that the Petitioner has fulfilled all the Constitutional requirements for the election into the office of

Governor of Imo State and has been indeed so elected on 14th, April, 2007.”

Upon being served with the petition, the 1st Respondent filed an answer thereto on the 9th June, 2007 in which he raised preliminary objection inta alia to the competence of the petition and the Honourable Tribunal to entertain the petition on the following grounds:-

“(a) The petition is not complaining of undue election or undue return of any person.

(b) The facts and relief in the petition rerate to the inconclusive election of 14th April, 2007 and not the Election into the office of Governor of Imo State held on 28th April, 2007.

(c) The reliefs sought in the petition are not cognizable in an election petition.

(d) The petition is not in accordance with the provisions of the First Schedule to the Electoral Act in that the grounds on which the petition is based are inconsistent with and unrelated to the reliefs sought by the petitioner and facts of the election petition and the grounds on which the petition is based are unrelated and or inconsistent.”