Epelle-asemota Bridgitte Osayuki & Ors v. Independent National Electoral Commission (INEC) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

USMAN ALHAJI MUSALE, JCA (Delivering the leading judgment)

This appeal is against the judgment of the National and State Houses of Assembly Election Petition Tribunal, Edo State sitting at Benin City.

At the tribunal, the petitioners/appellants challenged the election and return of the 2nd respondent as the winner of the Ovia North-East/Ovia South-West Federal Constituency election of 25th February, 2023 in petition No. EPT/ED/HR/07/2023.

The 1st appellant was/is the candidate of the 2nd appellant (Labour Party). The 2nd respondent was/is the candidate of the 3rd respondent (All Progressives Congress).

The 1st respondent (Independent National Electoral Commission or INEC) is constitutionally saddled with power, duty/responsibility to conduct elections in Nigeria. Among elections conducted by INEC on the 25th February, 2023 was the Ovia North-East/Ovia South-West Federal Constituency election of Edo State.

The 1st appellant and 2nd respondent contested for that election under the platform of Labour Party (LP) and All Progressives Congress (APC) respectively. The 1st respondent/INEC at the end of the exercise declared the 2nd respondent, candidate of the 3rd respondent as the winner of that election.

The Labour Party and its candidate filed a petition on the 17/3/23 challenging the return of the 2nd respondent by the 1st respondent as the winner and elected member, House of Representatives to represent Ovia North-East/Ovia South-West Federal Constituency in the National and State Houses of Assembly Election Petition Tribunal, Edo State sitting at Benin City.

The reliefs sought by the petitioners before the tribunal are hereunder reproduced as couched. Pages 7 – 8 of the record paragraphs (a) – (e).

a) A declaration that the election and return of the 2nd respondent as the winner of the Ovia North – East/Ovia South – West Federal Constituency election held on 25th February, 2023 is invalid by reason of the 1st respondent’s non – compliance with its Regulations/Guidelines for the conduct of the elections issued by the 1st respondent, which non – compliance resulted in over-voting in the units highlighted in paragraphs 19 and 20 above, thereby substantially effecting the result of the election.

b) A declaration that the return of the 2nd respondent as the winner of the Ovia North – East/Ovia South – West Federal Constituency election held on 25th February, 2023 is invalid by reason of the 1st respondent’s non – conduct of elections in Ward 7 Units 6 and 18 and Ward 8 Unit 3 of Ovia South – West L.G.A and Ward 3, Unit 5, Ward 4, Units 5, 11, 30 and 31 and Ward 10 Units 8 and 20 of Ovia North – East Local Government Area thereby acting in breach of Regulation 58 of the Regulations/Guidelines for the conduct of Elections, 2022.

(c) An order setting aside the return of the 2nd respondent as winner of the Ovia North-East/Ovia South-West Federal Constituency election held on 25th February, 2023.

(d) An order directing the 1st respondent to conduct elections in Ward 7 units 6 and 18 and Ward 8 Unit 3 of Ovia South-West Local Government Area and ward 4, units 5,11,30 and 31 and ward 10 Units 8 and 20 of the Ovia North-East Local Government Area before making a return on the aforesaid election.

(e) An order setting aside the Certificate of Return issued to the 2nd respondent as the winner of Ovia North-East/Ovia South-West Federal Constituency election held on 25th February, 2023.

In all nine candidates of different Political Parties participated in the election.