Mr. Jonny Lar Salbie & Anor V. Independent National Electoral Commission & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

TIJJANI ABDULLAHI, J.C.A.

This is an appeal against the judgment of the Governorship Legislative Houses Election Petition Tribunal sitting in Port Harcourt, Rivers State that dismissed the petition of the Petitioner, challenging the return of the 4th Respondent as the winner of the election to the Rivers State House of Assembly for Gokana Local Government Area/Constituency held on the 14th of April, 2007.

The Appellants were the Petitioners while the present Respondents were the Respondents in the said Tribunal. The judgment appealed against was delivered on the 9th July, 2008.

The facts of the case that gave rise to this appeal are that: The 1st Respondent and the 4th Respondent were candidates for the 14th day of April, 2007 elections conducted for all the State Houses of Assembly in Nigeria. One of the constituencies for which this election was held was Gokana Local Government Area Constituency in Rivers State.

The 1st Appellant and the 4th Respondent were candidates for that election. They were sponsored by the Democratic Peoples Party and the Peoples Democratic Party respectively. The 1st to the 3rd Respondents were responsible for the conduct of the said election.

At the end of the election, the 1st and 3rd Respondents returned the 4th Respondent as the winner of the election with 83,650 votes as against the 1st Petitioner who polled 1,149 votes. The Appellants were dissatisfied with the return and challenged the election vide an Election Petition filed on 14/05/07.

The grounds upon which the petition was predicated are:

“1. That the election was invalid by reason of corrupt practices and non compliance with the provisions of the Electoral Act.

2. That the Appellant herein was not duly elected by a majority of the lawful votes cast at the election.”

The Appellants sought in the petition a nullification of the election and the conduct of a fresh election for the constituency. The Appellants’ case as shown in their petition are:

“1. There was no valid voting/election in the units of the constituency.

2. Electoral materials were not available and/or used in the conduct of the election at the Polling Units of Gokana Local Government Area.
3. There was multiple thump-printing of the ballot papers by the same set of persons.
4. There was hijacking and diversion of electoral materials.
5. The conduct of the election was not in substantial compliance with’ the provisions or the Electoral Act, 2006.”

In response to the above claims, the 1st – 3rd Respondents stated in their reply as follows:

“1. All the electoral materials were distributed and used-in the conduct of the said election.

2. Voting took place in all the units and election was conducted in compliance with the Electoral Act in all the Wards.”

The 4th Respondent also filed his reply out of time with the leave of the Tribunal wherein he stated as follows;

“1. All the electoral materials were distributed and used in the conduct of the election.