Independent National Electoral Commission & Ors V. Barrister Celestine O. Ejezie & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on the 25th February, 2008 by the Governorship and Legislative Houses Election Tribunal II, holden at Awka, Anambra State, in PETITION NO: EPT/AN/SAB47/07 – BARRISTER CELESTINE O. EJEZIE & ANOR V. CHIEF SIMEON OHAJIANYA & 13 ORS. The 1st Petitioner and the political party (ANPP) on whose platform he contested the election into the Anambra State House of Assembly on 14/4/2007, jointly presented the Petition challenging the return of the 1st Respondent therein – Chief Simeon Ohajianya as the winner of the election in question. The political party on whose platform the 1st Respondent contested the election is the 2nd Respondent in the Petition. The other Respondents in the Petition are INEC sued as the 3rd Respondent, and some INEC officials involved in the conduct of the election and who were sued as 4th – 14th Respondents. The Governorship and Legislative Houses Tribunal II, Awka, (hereinafter to be simply referred to as “the Tribunal”) in its judgment nullified the election of the 1st Respondent and ordered a fresh election.

The facts of this matter put briefly are that the 1st Petitioner along with other candidates, contested the election into the Anambra State House of Assembly for Ihiala 1 Constituency held on 14/4/2007, on the platform of the 2nd Petitioner – All Nigeria Peoples Party (ANPP); while the 1st Respondent contested the same election on the platform of the Peoples Democratic Party (PDP). The election in question was organised by the 3rd Respondent and the 4th – 14th Respondents were some of the officials of the 3rd Respondent that conducted the election. At the conclusion of the election, the 3rd Respondent declared and returned the 1st Respondent as the winner of the election as he scored the highest number of votes – 17,120. The 1st Petitioner who scored 2,256 votes and his political party (ANPP) being dissatisfied with the return of the 1st Respondent filed the Petition hereinbefore mentioned, upon the grounds re-produced hereunder and also prayed for the reliefs equally re produced hereunder: –

GROUNDS UPON WHICH THE PETITIONER (SIC) RELIES (SIC)

(a) That the 1st Respondent was not elected by the majority of lawful votes cast at the said election held on 14th day of April 2007 having not polled the highest or majority of the lawful votes cast at the said election.

(b) That the 3rd – 14th Respondents should not have duly returned or declared as elected the 1st Respondent as the winner of the said election.

(c) The election or return of the 1st Respondent is invalid by reason of corrupt practices and non-compliance with the provision of the Electoral Act 2006.

(d) The 3rd – 14th Respondents unlawfully excluded the valid votes cast for your Petitioner in determining the winner of the said election.”

Reliefs sought by the Petitioners are: –

“WHEREFORE your Petitioners pray the Honourable Tribunal that it be determined and declared:

(i) That the said 1st Respondent was not duly declared elected or returned and should not be declared as duly returned or duly elected by the 3rd – 13th Respondents.

(ii) That the Honourable Tribunal declared the Petitioner as validly and duly elected or returned having scored or polled the highest number or majority of lawful votes cast at the said election and ought to have been returned as the winner of the election.

ALTERNATIVELY

That the election conducted for the House of Assembly of Anambra State Ihiala 1 Constituency seat be declared null and void for substantial rigging and corrupt practices which marred the election.