Chief T. A. Orji & Anor V. Peoples Democratic Party (PDP) & Ors (2009)
LawGlobal-Hub Lead Judgment Report
CLARA BATA OGUNBIYI, J.C.A.
The respondent herein is the Peoples Democratic Party, (hereinafter referred to as the PDP a co-petitioner, now co-respondent with Oyeoma Ugochukwu and Hon. Chinwendu Nwanganga (Governorship candidate and running mate for the PDP) who took out separate election petitions against the results declared by the 4th respondent herein. The petitions were identified as ABS/GOV/EPT/4/2007 for the candidates and ABS/GOV/EPT/9/2007 for the present respondent and were consolidated upon the order of the tribunal below as evidenced at page 2207 of the printed record.
The Abia State Governorship elections took place on the 14th of April, 2007 and in the results that were declared INEC announced the 1st and 2nd appellants’ as winners of the said election as Governor and Deputy Governor of Abia State respectively.
Against such a declaration, the 1st respondent (as petitioner) filed a petition which same was allowed on the 25th February, 2008 by the lower tribunal and thereby nullifying the return of the 1st and 2nd appellants. It further proceeded and returned the candidates of the petitioner/1st respondent as Governor and Deputy Governor respectively of Abia state. It is against this judgment that the appellants have appealed, ex debito justiciae, to this court by its notice of appeal dated 11th March, 2008 and filed on the same date. The said notice contains 23 grounds of appeal.
As a point of commencement and at pages 54-55 of the printed record are the grounds upon which the petitions were based and are as follows:-
“1. The 1st and 2nd respondents were as at the date of the election each not qualified to contest as candidates for the election to the office of Governor/Deputy Governor of Abia state and the petitioners so informed the electorate during their campaign for that election.
- The result/return from the election has not been announced/declared by the Appropriate Returning officer for that election.
- The petitioners scored the majority of lawful votes cast in that Governorship/House of Assembly general elections held by INEC in Abia State on the 14th day of April, 2007 and ought to have been returned as elected being that they also scored at least one-quarter of all the votes cast in each of at least two thirds of all the Local Government Areas of Abia State. But the 1st and 2nd respondents were wrongfully declared and returned as elected.
THE PETITIONERS SHALL CONTEND AS AN ALTERNATIVE GROUND THAT:
The election is void being that it was not conducted in substantial compliance with the provisions of the Election Act 2006 and the guidelines, rules and regulations enacted and prescribed for the election being that:
(i) the respondents committed and or procured substantial malpractice in substantial part of the election and
(ii) the respondents committed substantial irregularities which rendered the election void.
The reliefs sought by the petitioners in their petition are to be found at pages 285-286 of the record which same reproduced are:-
RELIEFS SOUGHT
On the premise of the foregoing grounds and facts the petitioners pray that it be determined and ordered as follows:-
1(i) That the 1st and 2nd respondents were not qualified to contest as the candidates for PPA in that election held on 14th April, 2007 being that:
Leave a Reply