Hon. Solomon Anusike A. V. Independent National Electoral Commission (INEC) & Ors (2009)

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STANLEY SHENKO ALAGOA, J.C.A.

This is an appeal against the ruling of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal Anambra State Holden at Awka in Petition No. EPT/AN/SAE/72/2007 CORAM: Hon. Justice James Shehu Abiriyi (Chairman), Hon. Justice Ayuba Garba Kwajaffa (Member), Hon. Justice Peter Osoretinmwhen Isibor (Member), Hon. Justice Biobele Abraham Georgewill (Member) and Justice Abubakar Muazu Lamido (Member) delivered on the 15th October 2007. The facts leading up to this appeal are briefly stated hereunder as follows –

The Appellant who was Petitioner in the Tribunal below on the 14th May 2007 commenced action in the said Tribunal seeking the following reliefs –

i. Declaration that no election was conducted in the entire Orumba South Constituency in which your Petitioner was a candidate for the Anambra State House of Assembly under the All Progressive Grand Alliance on the 14th April 2007.

ii. Declaration that the return of the 4th Respondent as the winner of the April 14th 2007 of Assembly election for Orumba South Constituency is invalid, null and void and of no effect in that no election infact took place on that date or any other date.

iii. An order nullifying the “result” of the said election and directing the 1st Respondent to conduct election for the House of Assembly seat of Orumba South Constituency.

The above petition is contained at page 5 of the Record of Appeal. Subsequently the 4th Respondent brought a Motion dated the 18th September 2007 and filed on the 24th September 2007 pursuant to sections 144 (2), 147 (3) Electoral Act 2006, paragraphs 4, 49 and 50 of the 1st Schedule to the Electoral Act, paragraphs 3 and 6 of the Election Tribunal and Court Practice Direction 2007 and paragraph 36(1) and (4) of the Federal High Court Civil Procedure Rules 2000 praying the Tribunal for the following –

A. An order of the Honourable Tribunal striking out this petition; AND OR

B. An order of the Honourable Tribunal striking out the pre-hearing information sheet Form TF 007 and the Form TF 008 filed out of time in this Petition by the Petitioner on the 17th September 2007.

C. An order of the Tribunal dismissing the Petition of the Petitioner/Respondent for non compliance with the provisions of the Election Tribunal and Court Practice Direction 2007.

D. And for such other order or orders as the Honourable Tribunal may deem for to make in the circumstance.

The application is supported by a 22 paragraph affidavit.

The grounds relied upon by the 4th Respondent/Applicant are nine in number although the Applicant argued only grounds 8 and 9 which are as follows –

8. The forms TF 007 and form TF 008 were not filed in accordance with the Practice Direction.
9. The Petitioner has abandoned the Petition having failed to apply for the issuance of pre hearing notice within 7 days time limit from the date of service of the Respondents’ Reply as stipulated by the Practice Direction.

The Petitioner/Respondent (now Appellant) filed a counter affidavit. Written addresses were submitted by the parties. The Tribunal in a considered Ruling struck out forms TF 007 and TF 008 filed by the Petitioner/Respondent as having been filed out of time. The Tribunal also dismissed the Petition under paragraph 3(4) of the Election Tribunal and Court Practice Directions 2007. It is this ruling that has given rise to this appeal.