Mr. Attie Samuel Wanini-emi V. Mr. Delight Igali & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

MOHAMMED LAWAL GARBA, J.C.A.

The Appellant and the 1st Respondent were candidates in the election conducted by the 6th Respondent on April 14th, 2007 for the Constituency Three (3), Southern Ijaw Local Government Area seat at the Bayelsa State House of Assembly. At the end of the election the 1st Respondent was declared and returned as the winner. Being dissatisfied with the return; the Appellant presented an election petition against same before the National Assembly, Governorship and Legislative Houses Election Tribunal Bayelsa State (to be called Tribunal from now) as required by section 140(1) of the Electoral Act, 2006. However after hearing arguments on an objection raised by the 1st Respondent, the Tribunal struck out the petition on the 19/7/07 on ground of incompetence. An appeal by the Appellant to this court against that decision of the Tribunal was allowed and a trial of the petition on the merit was ordered at the end of which the petition was dismissed by the Tribunal on 15/9/08.

Once again, not satisfied with this last decision of the Tribunal, the Appellant in exercise of the right conferred or vested on him by the Provisions section 246(1)(b)(i) of the 1999 Constitution of the Federal Republic of Nigeria, filed a Notice of Appeal against same on the 4/10/08. For reasons that would appear later in this judgment, it is expedient to set out the contents of the Notice of Appeal (without the parties) which appear at page 175 of the printed record of appeal.

“TAKE NOTICE that the Petition/Appellant being dissatisfied with the decision, more particularly stated in paragraph 5 page 14 of the National Assembly/Governorship and Legislative Elections Tribunal sitting in Yenagoa contained in the judgment dated the day of September, 2008 doth hereby appeal to the Court of Appeal upon the ground(s) set out in paragraph 3 and will at the hearing of the appeal seek the relief(s) set out in paragraph 4.

And the Appellant further states that the names and address of the person directly affected by the appeal are those set out in paragraph 5.

2. PART(S) OF DECISION OF TRIBUNAL COMPLAINED OF:

The whole decision,

3. GROUND OF APPEAL

ERROR IN LAW

The Tribunal erred in law when it held that, “He pleaded several documents, more of which was admitted having failed the test of admissibility under the Evidence Act and the Election. Tribunal and Court Practice Directions 2007″

PARTICULAR(S) OF ERROR

The Tribunal was in error when it refused on the 31/07/08 learned Counsel for the petitioner’s sought for leave to bring a motion to introduce additional documentary evidence not otherwise listed to be relied upon by the Petition before hearing proper commenced.

4. RELIEF(S) SOUGHT FROM THE COURT OF APPEAL:

(a) AN ORDER setting aside the decision of the National Assembly/Governorship and Legislative Houses Election Tribunal dated the 15th day of September 2008.