Hon Emeka Stanley & Ors. V. Barr. Uzoma Nkem Abonta & Ors. (2008)

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TIJJANI ABDULLAHI, J.C.A.

This is an appeal against the judgment of the Abia State Governorship and legislative Houses Election Petition Tribunal sitting at Umuahia, Abia State, delivered on the 26th day of January, 2008 which set aside the return and declaration of the 1st Respondent and declared the 1st Petitioner as the elected candidate for the Ukwa Federal Constituency in the House of Representatives.

It is pertinent to state from the onset that two appeals in respect of a single judgment were filed. The first appeal CA/PH/EPT/157/2008 was filed by Hon. Emeka Stanley as Appellant and Barrister Uzoma Nkem Abonta, Peoples Democratic Party and 99 ors as Respondents. The 2nd appeal. No. CA/PH/EPT/157A/2008, has Hon. Emeka Stanley, INEC and 99 ors as Appellants and Banister Uzoma Nkem Abonta and peoples Democratic Party (PDP) as Respondents/cross Appellants.

The Petitioner, Barrister Uzoma Nkem Abonta filed a petition against the return of the Appellant and at page 24 of the petition claimed as follows:

“(a) That the 1st Respondent was not validly elected by the majority of lawful and valid votes cast at the 28th April 2007 National Assembly Election for Ukwa Federal Constituency.

(b) That the 1st Respondent did not score the majority of the lawful and valid votes cast at the said election.

(c) That 1st Petitioner scored the majority of lawful and valid votes cast at the said election and ought to be duly returned as elected.

(d) That the purported results from Obokwe, Ogwe, Ipu West, Ozaa Ukwu, Ozaa West, Ipu South and Obuzor wards in the Ukwa west Local Government Area be cancelled.

(e) That the purported results from Obokwe, Ogwe, Ipu West, Ozaa Ukwu, Ozaa West, Ipu South and obuzor wards in the Ukwa west Local Government Area be cancelled and a bye election conducted in those areas if the honourable tribunal deems it necessary.

(f) That the 1st Petitioner be declared as elected and returned for the Ukwa Federal constituency in the 28th, April 2007 National Assembly Elections for the Federal House of Representatives.

Pre-hearing sessions were held in which some documents were admitted in evidence by consent. The case proceeded to hearing. The petitioner called 1 witness while the 1st respondent called 12 witnesses. Learned Senior Counsel filed their written addresses as directed by the lower Tribunal. In considered judgment delivered by the lower tribunal on the 26th day of January 2008, the lower Tribunal held thus:

“We have resolved all the issues in this petition and on the whole we are satisfied and we find and held as follows:

1. That the 1st petitioner scored a majority of the valid votes cast at the election held on 28/04/07 into the Ukwa Federal constituency.
2. The return and declaration of 1st respondent is hereby set aside.
3. That 1st petitioner is hereby declared as duly elected and hereby returned as the elected candidate for the Ukwa Federal constituency, in the Federal House of Representatives.”

Dissatisfied with the decision of the lower tribunal, the Appellant approached this court and filed a Notice of Appeal consisting of seven grounds and distilled five issues for determination are as follows:

“Five issues were distilled from the said grounds to wit: