Mr. Friday Fred Omoigberai V. Joseph Foly Ogedengbe, Esq. & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

GEORGE OLADEINDE SHOREMI, J.C.A.

This is an appeal against the judgment of the Governorship and Legislative House Election Tribunal in Edo State, delivered on the 7th day of April, 2008. The judgment is at pages 1036-1098 of the record.

By the aforesaid judgment, the Tribunal allowed the petition, nullified the election and return of the then 1st Respondent now Appellant on the ground that Appellant was not qualified to contest the election held on 14th April 2007, as a member representing Owan East Constituency in the House of Assembly, Edo State. It ordered the 2nd Respondent to withdraw the Certificate of Return issued to the Appellant as person duly elected.

The Appellant was dissatisfied with the decision of the Tribunal. As such, the Appellant has appealed to this Honourable Court.

For the purpose of this appeal, the Appellant filed a Notice of Appeal containing thirty six (36) Grounds of Appeal. They are herein set out without particulars.

GROUND 1

The Chairman and members of the National Assembly/Governorship and House of Assembly Election Petition Tribunal at Benin City misdirected themselves when they held that the failure of PW2 to append his signature in his deposition did not render the said deposition unusable.

GROUND 2

The Chairman and members of the National Assembly/Governorship and House of Assembly Election Petition Tribunal at Benin City erred in law when they held that the non endorsement of PW2’s deposition is not without a panacea and proceeded to invoke section 84 of the Evidence Act as a saving provision.

GROUND 3

The Chairman and members of the National Assembly/Governorship and House of Assembly Election Petition Tribunal at Benin City erred in law when they held that the prescription of section 4(2) of the Oath’s Act cap 333 Laws of the Federation 1990 salvages PW2’s deposition.

GROUND 4

The Chairman and members of the National Assembly/Governorship and House of Assembly Election Petition Tribunal at Benin City erred in law when they held that the deposition of PW2 is admissible and that same shall be used in the determination of this petition.

GROUND 5