Innocent Ekeh V. Ukachi Amaechi & Ors. (2008)

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SULEIMAN GALADIMA, J.C.A.

On the 14th day of April 2007 Election was held into the Owerri West Constituency of the Imo State House of Assembly.

The petitioner, now the Appellant was sponsored by the All Progressive Grand Alliance (APGA) while the 1st Respondent was the candidate of the Peoples Democratic party (PDP). Some other registered political parties also fielded candidates in the election.

The 2nd – 5th Respondents returned the 1st Respondent as the winner of the election.

Not satisfied by the said declaration of the result on 15/4/2007, the Petitioner filed his petition at Governorship and Legislative Houses Election Petition Tribunal, Imo State.

The facts in support of grounds on which the petitioner relied in paragraph 6(i) – (xii) of his petition copied on pages 3 – 5 of the record of appeal are as follows:

“(i) After voting at various polling booths in Owerri Local Government Area of Imo State on 14/4/07 the officials of the 2nd Respondent sent the results of the election to the collation centre of Umuguma, the Headquarters of the aforesaid Local Government.

(ii) Collation of results by the 3rd Respondent and his assistants at Umuguma started on 14/4/07 and continued on 15/4/07 when all the results of the said election were collated.

(iii) At the aforesaid collation centre were also agents of the political parties, officials of the 2nd Respondent, Policemen/Police Officers, State Security Service Officers, Civil Defence and National Orientation Agency officials, State and Local Government Officials including Chief Victor Muruako the then Chairman of Owerri West Local Government.

(iv) The collation of result by the 3rd Respondent on 14/4/07 and 15/4/07 and announcement of results by the 3rd Respondent on 15/4/07 were filmed and recorded by a person engaged by the Petitioner. The said film/video recording and recorded tape of these events are hereby pleaded.

(v) After collating the result from the polling stations the 3rd Respondent on 15/4/07 entered the scores in the summary of result from polling stations from EC 8B(1) and announced the scores and or results of the candidates as follows:

(a) Action Congress (AC) 1,838

(b) All Nigeria Peoples Party (ANPP) 366

(c) All Progressive Grand Alliance (APGA 3,307