Sen. Michael Ama Nnachi & Ors v. Independent National Electoral Commission (INEC) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAIDU TANKO HUSSAINI, JCA (Delivering the leading judgment)

This appeal is against the decision of the National and State Houses of Assembly Election Tribunal, Ebonyi State holden at Abakaliki (Abuja) delivered on the 8th September, 2023 in petition No. EPT/EB/SEN/01/2023.

In the petition filed at the tribunal, the appellants complained about the election of the 2nd respondent as having been unlawfully declared and returned by the 1st respondent as the winner of the election held or conducted on the 25th February, 2023 as the Senator representing Ebonyi South Senatorial District. Details of the complaint involve the alleged cancellation of election in certain Polling Units which cancellation, according to the appellants, substantially affected the result of the election.

It is also the complaint of the appellants before the tribunal that there was over-voting in several polling units, corrupt practices and other irregularities during that senatorial election.

At the hearing of the petition evidence of witnesses for the petitioners were elicited and documents tendered as exhibits in support of the case for the petitioners.

Respondents who had responded to the petition vide the replies filed by them similarly gave evidence. At the close of the evidence the tribunal found for the respondents in the judgment delivered as aforesaid and thereby dismissed the petition of the appellants.

The appeal to this court is vide the notice and grounds of appeal filed on the 21st September, 2023 as at pages 1438 – 1464 of the record of appeal, wherein the appellants predicated their appeal on the seventeen (17) grounds contained in the notice. The record of appeal having been transmitted, the parties filed and exchanged briefs of argument. The following briefs have been filed and exchanged, namely:

1) Appellants’ brief of argument was filed on the 4th October, 2023

2) 1st respondent’s brief of argument was filed on the 7th October, 2023

3) 2nd respondent’s brief of argument was filed on the 12th October, 2023

4) The 3rd respondent’s brief of argument was filed on the 10th October, 2023.

5) The appellants filed three (3) reply briefs on 12th October, 2023 and on the 13th October, 2023 in response to 1st, 2nd, and 3rd, respondents’ separate briefs of argument.

All the briefs were adopted by the respective learned counsel at the hearing on the 17th October, 2023.

C. U. Chukwuemeka, Esq, had filed a notice of preliminary objection, which notice and arguments are incorporated into the 1st respondents brief of argument at paragraphs 4.0 – 4.10 pages 6 – 10 and were argued or adopted, accordingly.