Engr. Onwukaike Nwambam V. Chief Innocent Utulor Ugochima & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgement)

This is an appeal against the judgment of the National Assembly, Governorship and Legislative Houses Election Petition Tribunal sitting at Abakaliki, Ebonyi State.

The appellant who was the petitioner before the lower tribunal filed his petition on 14th day of April, 2007 against the election of the 1st respondent into the House of Representatives for Ezza South Federal Constituency held on the 21st day of April, 2007. Therein, the petitioner/appellant sought the following reliefs against the respondents:

“(a) An order nullifying or invalidating the returns of the 1st respondent as the winner of the said election;

(b) The petitioner is the duly elected member representing the Ezza South/Ikwo Federal Constituency of Ebonyi State in that he was the person validly nominated by the 4th respondent as its candidate for the election.

(c) An order directing the 2nd and 3rd respondents to issue a certificate of return to the petitioner as winner of the election.

(d) An order of injunction preventing the clerk of the National Assembly; and

(e) An order of injunction restraining the 3rd respondent from issuing a certificate of return to the 1st respondent on the 28th of May 2007 or at any other time.

IN THE ALTERNATIVE

(a) That the election be nullified entirely and that the 3rd respondent be ordered to conduct a bye-election in the constituency with the petitioner as candidate of the 4th respondent.

The grounds of the petition are that:

(a) The 1st respondent was at the time of the election, not qualified to contest the election.

(b) The petitioner was validly nominated but was unlawfully excluded from the election.”

Pleadings were filed and exchanged. At the trial, the Petitioner/Appellant gave evidence and tendered documents to prove his case while the 1st respondent testified, called two other witnesses and tendered documents. The 2nd – 5th respondents did not call any witness in support of their replies.