Hon. Ebiakpo Ezebri V. Hon. (Engr.) Frank Enekorogha & Ors. (2008)

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SAKA ADEYEMI IBIYEYE, OFR, J.C.A

This is an appeal against the ruling of the Governorship/Legislative Houses Election Tribunal sitting in Asaba delivered on the 12th day of September, 2007 by a panel of five Hon. Judges presided over by A.O. Lokulo-sodipe, J.

The ruling was as a result of the consideration given to a number of motions and preliminary objection filed by the parties in the course of hearing a petition filed by the petitioner who is now the appellant.

It is apt at this stage to briefly delve into the petition which instanced the applications of the parties and the subsequent ruling which is the subject of the instant appeal.

Paragraphs 2, 3, 4, 5, 6 and 24 of the twenty four paragraph depositions made by Hon. Ebiakpo Ezebri, as the petitioner, are of moment and I reproduce them as follows:

“2. I am a businessman/politician and was one of the four (4) candidate who contested the election for the office of member of the Burutu North Constituency I into the Delta State House of Assembly that was purportedly held on 14th day of April, 2007.

3. I contested the purported election on the platform of ALL NIGERIAN PEOPLES PARTY (ANPP) while the 1st respondent contested the election on the platform of Peoples Democratic Party (PDP).
4. The 2nd – 11th respondents are agents of the 4th respondent which is the body charged with the conduct of elections in Nigeria into the Legislative House of Assembly that took place on the 14th day of April, 2007.
5. At all times material to the election, I am qualified to contest the election and did not and has not suffered any disability to contest this election as well as present this petition. The petitioner has every right to present this petition.
6. The purported election was held on 14th day of April, 2007 as stated above and the following results declared by the 4th respondent (INEC) for the parties are as stated in the result sheet, the result are (sic):-

AC – 38

AP – 20

ANPP – 940

PDP – 18,303

The said result as stated in FORM EC8E(1) shall be relied upon in the hearing of this petition (sic).

(1) The petitioner states that pursuant to the aforementioned results, the 1st respondent was returned as the elected member for Burutu North Constituency 1. into the Delta State House of Assembly (sic)

24. Petitioner states that on the instruction of 1st Respondent and his sponsor, 2nd – 11th respondents, (sic) made up the election result to legalize the false and illegal declaration of the 1st respondent as duly elected member purporting to represent Burutu North Constituency 1.

Accordingly the petitioner will contend that the 1st – 11th respondents perpetrated electoral malpractices and the purported election is void by corrupt practices, irregularities and offences against the Electoral Act 2006 and 2007.” (sic).

“WHEREFORE YOUR PETITIONERS PRAYS (SIC) THAT IT BE DETERMINED