Dauda Ademola Lawal V. Sikiru Adebayo & Ors (2009)

LawGlobal-Hub Lead Judgment Report

ISTIFANUS THOMAS, J.C.A.

This is an appeal against the judgment of the Governorship and Legislative Houses Election Petition Tribunal, sitting in Ibadan which was delivered on 6th day of March, 2008.

The brief fact of the appeal is that the tribunal nullified the April, 14th 2007 House of Assembly Election for Lagelu Constituency, Oyo State and made an order that a fresh election be conducted into the same House of Assembly for the seat of Lagelu Constituency.

The present Appellant was the candidate sponsored by his party, Peoples Democratic Party (PDP) and at the end of the aforesaid election on 14th April, 2007, the 2nd Respondent, namely INEC, declared him as the winner having scored 13,237 votes, and the present 1st Respondent, who contested as the sponsored candidate of All Nigeria People Party, (ANPP), scored 6,188 votes.

The 1st Respondent, being dissatisfied with the result that, the present Appellant was the winner, filed an election Petition at the said lower Tribunal at Ibadan. In the said petition, the 1st Respondent hinged it on two basis, namely, that:-

“(a) The election was in valid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act, 2006.

(b) That the 1st Respondent (now Appellant) was not duly elected by majority of lawful votes cast at the election.”

At the Tribunal, 1st Respondent prayed for the following reliefs in his petition:-

“(i) That the election and the return of the 1st Respondent are voided by acts which clearly violate and breach the provisions of the electoral Act, 2006 and the Regulations including but not limited to manipulation, mutilations, irregular cancellation as well as unprecedented acts of violence,

thuggery, brazen brigandage and coercion of opponents committed at most of the polling stations and at the ward levels.

(ii) That the 1st Respondent was not duly elected by the majority of lawful votes cast at the election.

(iii) That the election be nullified or set aside and a fresh election be ordered.”

During the proceedings at the lower tribunal, the Petitioner, now 1st Respondent, called 18 witnesses and he also testified, while the then 1st Respondent but now Appellant testified and called 13 witnesses against the petition respectively. After the normal addresses of both counsel, the lower tribunal found in its judgment at pages 367 – 372 of the record that, there were irregularities and non compliance of the electoral Act, 2006 by over voting and lack of accreditation in the units pleaded. The lower court also found that unlawful votes were added to both parties i.e. the present Appellant and the present 1st Respondent and after deductions of the unlawful votes, the trial Tribunal nullified the entire election and ordered for a fresh election into the Lagelu Constituency of Oyo State House of Assembly.

Dissatisfied with the decision of the trial Tribunal, the Appellant filed his first Notice of Appeal on 10-03-2008 and later another Notice of Appeal filed on 25-03-08 which he is now relying upon. The notice of appeal contains 7 grounds from which he has raised five (5) issues for determination and they read as follows:-