Senator Chris Adighije V. Hon. Nkechi J.N. Nwaogu & Ors. (2008)

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EJEMBI EKO, J.C.A.

On 28th April, 2007 the re-scheduled election in the Abia Central Senatorial District was held to elect a Senator representing the District in the Senate of the Federal Republic of Nigeria. At the end of the election the Independent National Electoral Commission, 2nd Respondent in the petition and this appeal, declared the 1st Respondent in the petition and this appeal, the winner and accordingly returned her as duly elected Senator for the said Abia Central Senatorial District of Abia State.

The appellant, dissatisfied with the declaration and return of the 1st Respondent by the 2nd Respondent, filed his petition at the National Assembly/Governorship and Legislative Houses Election Tribunal sitting at Umuahia on 26th May, 2007. The election Tribunal heard evidence and dismissed the petition on 26th November, 2007. The trial Tribunal, inter-alia, found and held that:

i. The Petitioner failed to establish that the 1st Respondent was disqualified, or not qualified to contest the election;

ii. all the averments in paragraph 17, except sub paragraph 17(iii), of petition were incompetent. They were all accordingly struck out. Only paragraph 17(iii) of the petition survived;

iii. there was no evidence to prove the averments in paragraph 17(iii) of the petition, and that the persons, who-allegedly hijacked the electoral materials were not linked to the 1st Respondent;

iv. the petitioner/Appellant did not make any effort to prove the averment in paragraph 21 of the petition. That it; that the 2 -10th Respondents unjustifiably cancelled the results for 6 wards in Isiala Ngwa South Local Government Area; and

v. from what was left of the 2nd ground on which the petition was brought i.e. that the 1st Respondent did not win with majority of lawful votes cast at the election, the Petition was not made out.

The petition was dismissed in its entirety. The judgment of the trial Tribunal is found at pages (34 – 659 of the record of the appeal.

The Notice of Appeal has 10 grounds reproduced, below that is

GROUNDS OEAPPEAL

GROUND ONE

The Honourable Tribunal erred in law and caused a miscarriage of justice in its conclusion that the Petitioner’s petition was incompetent for non-joinder of officers of the 2nd Respondent whose conduct the petitioner complained of.

PARTICULARS OF ERROR