Hon. Patrick Obahiagbon V. Rasaq Bello Osagie & Ors. (2009)

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CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A.

This appeal is against the Judgment of the Governorship, and Legislative Houses Election Tribunal sitting in Benin, Edo State. The said Judgment was delivered on the 22nd of April 2008. The Appellant in Appeal NO.CA/B/EPT/122/08 Patrick Obahiagbon was the 3rd Respondent at the lower Tribunal. He was the Candidate of the Peoples Democratic Party (PDP) for Oredo Federal Constituency in Edo State held on the 21/4/07.

The 1st Respondent in the same appeal NO.CA/B/EPT/122/08 Rasak Bello Osagie was the Candidate of 2nd Respondent, the Action Congress (A.C.). The 3rd to the 18th Respondents in the appeal were the Independent National Electoral Commission, INEC, and its officials that conducted the said election.

At the conclusion of the elections, the Appellant was declared victorious and returned as elected. Dissatisfied with the declaration and return, the 1st & 2nd Respondents, as Petitioners in the lower tribunal, commenced proceedings by way of an Election Petition by which they questioned the election on two grounds namely:

1. “The 3rd Respondent was not duly elected by a majority of lawful votes cast at the election.
2. The election to the House of Representatives for Oredo Federal Constituency of Edo State, by the 1st Respondent on 21/4/07 was invalid by reason of corrupt practices;”

He then sought the following reliefs:

“(a) That it be determined that the 3rd Respondent herein was not duly elected or did not score a majority of lawful votes cast at the House of Representative Election for Oredo Federal Constituency Conducted by the 1st Respondent on 21/4/07 and ought not to have been returned as the winner;

(b) That it be determined that save for wards 8 and 12, the votes allegedly scored or credited to the 2nd and 3rd Respondents in all the other Wards in Oredo Federal Constituency are invalid on grounds of corrupt practices, fraud, ballot box stuffing and arbitrary allocation of votes and ought to be set aside

(c) That it be determined that the Petitioners had the majority of lawful votes cast at the House of Representative Election held on 21/4/07 for Oredo Federal Constituency and the 1st Petitioner ought to have been returned or declared as winner by the 1st Respondent.

ALTERNATIVELY

(i) That it be determined that the House of Representatives Election to Oredo Federal Constituency conducted by the 1st Respondent on 21/4/07 was substantially marred by corrupt practices and is liable to be annulled and the 3rd Respondent’s return as winner set aside;

(ii) That it be determined that the 1st, 4th – 15th Respondents did not comply with the Electoral Act 2006 in the conduct of the House of Representative Election for Oredo Federal Constituency and the return of the 3rd Respondent as winner ought to be annulled and set aside. An order nullifying the House of Representative Election for Oredo Federal Constituency conducted by the 1st Respondent on 21/4/07 and directing the conduct of a fresh election in the constituency save for Wards 8 and 12.”

The Respondents filed their various replies to the Petition. Thereafter the Petition proceeded to trial, at the end of which the lower tribunal in its Judgment at page 921 of the record of appeal held that the Petitioners had proved their case

“After the deduction of the invalid votes, AC will be left with 3904 to PDP 2282. Premised on the above, we hereby hold that the Petitioners have made out a case which entitles them to a declaration that they have scored a majority of lawful votes cast at the election and ought to be returned or declared as the winner of the election. This tribunal hereby declares as follows;

(i) the 3rd Respondent did not score the majority of lawful votes cast at the election. His election and return at the election is therefore invalid