Yusuf Sulaiman Lasun V. Leo Adejare Awoyemi & Ors (2009)

LawGlobal-Hub Lead Judgment Report

CLARA BATA OGUNBIYI, JCA

The appellant commenced his petition before the National Assembly Election Petition Tribunal sitting in Osogbo, Osun State by way of petition filed on the 21st day of May, 2007. The appellant who contested for Irepodun/Olorunda/Osogbo/Orolu Federal Constituency seat in the Federal House of Representative on the platform of the Action Congress challenged the declaration of the 1st respondent as the winner of the said election on the ground inter alia that the said election into 15 wards in the said Federal Constituency was vitiated by substantial non-compliance with the mandatory statutory requirements of both the Constitution of the Federal Republic of Nigeria and the Electoral Act, 2006 which substantially affected the results.

The appellant alleged wide spread acts of thuggery perpetrated by thugs of the 1st respondent, disruption of voting exercise by the said thugs in connivance with the law enforcement officers detailed to ensure peaceful, free and fair election, illegal stuffing and thumb-printing of ballot papers by agents of the 1st respondent in manner devoid of all civilized rules of universal adult suffrage, hijack and carting away of ballot boxes, substantial non-compliance with the provisions of the Electoral Act and Electoral Guidelines issued pursuant thereto, etc.

That based on the above acts which substantially occurred in the 15 wards, the appellant by the amended petition dated the 10th day of August, 2007 (pages 69 to 79 of the record of appeal) prayed for the following reliefs:-

“i. That the said 1st respondent was not duly elected by majority of lawful votes cast in the Irepodun/Olorunda/Osogbo/Orolu Constituency in the House of Representatives Elections held on April 21, 2007.

ii. That votes recorded and/or returned in the following wards in the Irepodun/Olorunda/Osogbo/Orolu Federal Constituency Federal House of Representatives Election held on the 21st of April, 2007 namely, Ward 7, Irepodun Local Government, Ward 8, Irepodun Local Government, Ward 9, Irepodun Local Government, Ward 10, Irepodun Local Government, Ward 11, Irepodun Local Government; Ward 1, Oroiu Local Government, Ward 2, Orolu Local Government, Ward 3, Orolu Local Government, Ward 4, Orolu Local Government, Ward 5, Orolu Local Government, Ward 6, Orolu Local Government, Ward 7, Orolu Local Government, Ward 8, Orolu Local Government, Ward 9, Orolu Local Government, Ward 10, Orolu Local Government did not represent lawful votes cast in the said Wards of Irepodun/Olorunda/Osogbo/Orolu Constituency in the House of Representatives Elections held on April 21, 2007 and as having been obtained in vitiating circumstances of substantial non-compliance with mandatory provisions of Electoral Act, 2006, violence and malpractices which substantially affected the validity of the said elections that none of the candidates in the said election can be validly returned as having validly won in the said affected wards.

iii. That the Petitioner was elected and ought to have been returned having scored the highest number of votes cast in Irepodun/Olorunda/Osogbo/Orolu Constituency in the House of Representatives Election held on April 21, 2007, and satisfied the requirements of the Constitution of the Federal Republic of Nigeria and the Electoral Act, 2006.

iv. That the petitioner be declared validly elected or returned.”

In the Alternative, the Appellant prayed as follows:

“i. That the National Assembly Elections for Irepodun/Olorunda/Osogbo/Orolu Federal Constituency in the House of Representatives held on April 21, 2007 is invalid by reason of non-compliance with the mandatory statutory requirements which substantially affected the validity of the said elections that none of the candidates in the said election can be validly returned as having validly won the said election.

ii. That the National Assembly Elections for Irepodun/Olorunda/Osogbo/Orolu Federal Constituency in the House of Representatives held on April 21, 2007 is nullified and the 3rd Respondent is to conduct fresh elections for the National Assembly Elections for Irepodun/Olorunda/Osogbo/Orolu Federal Constituency in the House of Representatives.”

The 1st and 2nd Respondents filed their reply to the petition dated the 23rd day of July, 2007 in which they denied the allegations of the appellant. The 3rd-148th Respondents also filed their Reply to the petition on the 19th day of July, 2007 while the 149th-150th Respondents, pursuant to an order extending time in their favour, filed their Reply to the petition on the 1st day of August, 2007.

Before the closure of pleadings, the appellant, by a motion dated the 11th day of July, 2007 was granted on the 14th day of July, 2007, an order to inspect all polling documents and materials used for conducting the said election as listed in the said motion paper (the supplementary record of appeal is evident). During the course of the trial, the Tribunal upon an application by the appellant issued a subpoena duces tecum et ad testificandum on the Osun State Resident Electoral Commissioner to bring all the electoral materials enumerated in the said subpoena and give evidence thereon (the supplementary record of appeal is also evident).

The petitioner to prove his case called 15 witnesses. On the 17th November, 2007, the Petitioner moved the Tribunal to swear the representative of the Resident Electoral Commissioner present in court upon subpoena to be examined on the documents he had produced.