Hon. Dr. Michael Ohia V. Matthew Omegara & Ors (2008)

LawGlobal-Hub Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.

The present appeal is against the judgment of the Governorship and Legislative House Election petition Tribunal holden at Owerri, Imo State, delivered on 30/10/07 in petition No. EPT/NA/IM/17/2007.

It is pertinent that on 21/4/07 the 2nd – 3rd Respondent conducted election for the Okigwe North Federal Constituency of the House of Representatives of the Federal Republic of Nigeria. The 1st Appellant allegedly contested the said election under the platform of the 2nd Appellant (Peoples Democratic Party). The other candidates that contested the election include; BARRISTER IHUOMA UDEAGHA, UZUKWU PATRICK EZE GEORGE CHIMEZE MADUEWESI, COMRADE MADUKA FIDELIS and DR. UHCE OYEME, who were allegedly sponsored by the Action Congress (AC), National Democratic Party (NDP) Labour Party (LP). All Nigerian Peoples Party, and All Progress grand Alliance (APGA) respectively. At the conclusion of the election in question, the 1st Respondent was however declared and returned as the winner thereof.

Dissatisfied with the declaration and return of the 1st Respondent as the winner of the election, the Appellant filed a petition (No. EPT/NA/IM/17/2007) in the lower tribunal on 21/5/07 on the following grounds:

(a) That the 1st Respondent did not win the majority of the lawful votes cast at the election.

(b) that the 1st petitioner was validly nominated by the 2nd petitioner as its candidate but he was unlawfully excluded from the election.

The Appellant had by the said petition prayed for the following reliefs.

That it be determined that the 1st petitioner won majority of the lawful votes cast of the said election and ought to be returned as duty elected.

ALTERNATIVELY

(i) That it be determined that the 1st Respondent was not validly elected or that his return or his election was void.

(ii) That the questioned election be nullified.

iii) That the 3rd-4th Respondents conduct a fresh election for the seat of the Okigwe North Federal Constituency Imo state with the name of the 7th petitioner as the candidate of the 2nd Petitioner.

At the commencement of the hearing of the petition, the Appellant testified for himself, but called no any other witness. The 1st and 2nd Respondents called one witness each. At the end of the trial, the learned counsel adopted their respective written addresses. The lower tribunal eventually delivered its judgment on 30/10/07 thereby dismissing the Petition.

Not unnaturally, the Appellant being dissatisfied with the said judgment filed a Notice of appeal on 14/11/07 in the lower tribunal’s registry on a total of five grounds of appeal. It is instructive, that parties have filed and served their respective briefs of argument, which they adopted on 15/5/08, when appeal lost come up for hearing. The Appellants’ brief was filed on 11/4/08, but deemed properly filed and served on 23/4/08. The 1st respondent further Amended brief was filed on 13/5/08, but deemed properly filed on 15/5/08. The 2nd – 4th Respondents brief was filed on 28/4/08. The 5th Respondents brief was equally filed on 28/4/08.