Micheal Aderoju Okunlade V. Barrister Yisau Adesope Azeez & Ors (2009)

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CHIDI NWAOMA UWA, J.C.A.

This is an appeal against the decision of the Governorship and Legislative Houses Election Petition Tribunal, sitting in Ibadan (hereafter referred to as the Tribunal), whose decision was delivered on the 31st day of January, 2008.

In its judgment, the Tribunal nullified the April 14th, 2007 House of Assembly Elections for Oorelope State Constituency, Oyo State and ordered a fresh election into the Oyo State House of Assembly for the seat of Oorelope State Constituency.

The appellant being dissatisfied with the aforesaid judgment, appealed to this Court by a Notice of Appeal dated 18th day of February, 2008 and filed the same day. The said Notice of Appeal contained three grounds of Appeal set out on pages 441 – 444 of the record of Appeal.

The background facts are that, the Appellant was the candidate sponsored for the said April 14th, 2007 election by the Peoples Democratic Party (hereinafter referred to as PDP) into the Oyo State House of Assembly for the Oorelope State Constituency while the 1st Respondent contested as the sponsored candidate of the Action Congress (hereinafter called AC) in the same election.

In Oorelope State Constituency there are 10 (ten) Electoral Wards, and 78 (seventy-eight) polling Units or Stations. At the end of the election, the 2nd Respondent – Independent National Electoral Commission (INEC) declared the Appellant as the winner having scored 5,937 votes while 4,479 votes were recorded in favour of the 1st Respondent.

Four (4) other candidates also contested the election on the platform of different political parties.

Upon the return of the Appellant as the winner of the said election, the 1st Respondent being dissatisfied filed an election petition before the Tribunal. In the petition, the 1st Respondent predicated his petition on three (3) grounds. They are:

(i) The 1st Respondent was not duly elected by a majority of the lawful votes cast at the election.

(ii) The election and return of the 1st Respondent is invalid by reason of corrupt practices and non-compliance with the Electoral Act, 2006.

(iii) The 1st Respondent was not qualified to contest the said election to the seat of Oyo State House of Assembly held on 14th April, 2007 for failing to pay Tax as and when due and obtain a valid Tax Clearance Certificate.

The 1st Respondent as Petitioner before the Tribunal prayed for the following reliefs:

“(i) That it may be determined and thus determined that the 1st Respondent, MR. MICHAEL ADEROJU OKUNLADE was not qualified to contest the election into the Oyo State House of Assembly held on 14th April, 2007 for failing to pay his tax as and when due and/or not having valid tax clearance certificate.

(ii) That it may be determined and thus determined that the 1st Respondent, MR. MICHAEL ADEROJU OKUNLADE was not duly elected or returned by the majority of lawful votes cast at the Oorelope State Constituency election into the Oyo State House of Assembly held on Saturday 14th April, 2007.