Ikechi Emenike V. Chief T. A. Orji & 20 Ors (2008)

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PAUL ADAMU GALINJE, J.C.A.

This is an appeal against the decision of the Abia State Governorship and Legislative Houses Election Tribunal (henceforth to be referred to as the Tribunal) which was delivered on the 6th of October, 2007.

On the 14th day of April, 2007, Gubernatorial Elections were held in all the 36 States of the Federal Republic of Nigeria by the Independent National Electoral Commission (INEC). The Appellant herein was a candidate sponsored by the All Nigeria Peoples Party (ANPP) in that election in Abia State. The 1st and 2nd Respondents were also candidates in the said election, under the platform of Progressive Peoples Alliance. They contested for the position of Governor and Deputy Governor respectively.

At the conclusion of the election, the 1st and 2nd Respondents were declared duly elected as Governor and Deputy Governor of Abia State by INEC, the 21st Respondent herein, filed a petition at the Tribunal in which he challenged the election result.

The relief sought by the Petitioner reads thus: –

“That the 1st Respondent’ whose election is; hereby questioned was at the time of the election not qualified to contest the said election and not eligible to hold the office of, or to be elected as Governor of Abia State.”

The grounds upon which the Petitioner founded his petition are set out at pages 3-5 of the record of this appeal. The Respondents filed replies to the grounds of the petition. Issues having been joined the Petition proceeded to trial. At the end of the trial and in a reserved and considered judgment, the Tribunal dismissed the Appellant’s petition and affirmed the declaration and return of the 1st and 2nd Respondents as duly elected Governor and Deputy Governor of Abia State.

Aggrieved by this decision, the Appellant appealed to this Court. His notice of appeal dated 22nd October, 2007 and filed on the 23rd October, 2007 contains three grounds of appeal which I reproduced hereunder without their particulars as follows: –

“1. The Tribunal erred in law in its conclusion that the 1st Respondent was at the time of the election into the office of Governor of Abia State on 14th April, 2007 qualified to contest the said

election.

2. The Tribunal erred in law when it held: –

“We are also in agreement with the submission of the learned silk of counsel to the 3rd to 21st Respondents in paragraphs 3.45 and 3.46 of his address wherein he stated that since the process leading to exhibit “A” has been declared a nullity, it will be idle to challenge the qualification of the 1st Respondent to contest the said election on the purported indictment contained in Exhibit “A”.

3. The judgment is against the weight of evidence.”

In line with the relevant rules governing election appeals in this Court, parties filed and exchanged briefs of argument.

From the three grounds of appeal, the Appellant distilled two issues for the determination of this appeal in his brief of argument dated 10th November, 2007 and filed on the 22nd November, 2007. The two issues read as follows: –

“(i) was the tribunal correct in its conclusion that the 1st Respondent was at the time of the election into the office of Governor of Abia State on 14th April, 2007, qualified to contest the said election.