Sunday Ugwa & Anor. V. Hon. Oji Lekwauwa & Anor. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Abia State Governorship/Legislative Houses Election Tribunal delivered on 23/1/2008 in respect of Petition No. ABS/SHA/EPT/22/2007.

The State House of Assembly Election in Bende North Constituency in Abia State took place on the 14th day of April, 2007.

At the said election, the 1st appellant was the candidate of the 2nd appellant (PDP) the 1st respondent was the candidate of the 2nd respondent (PPA). Both the 1st appellant and 1st respondent including candidates of other Political Parties contested the said election. At the end of the election, the 1st respondent was declared the winner of the election. The 1st respondent was declared and returned by the 2nd – 5th respondents as winner with 10, 098 votes against 1294 credited to the appellants.

Dissatisfied with the result of the election the petitioners/appellants brought a petition at the Abia State Governorship/Legislative Houses Election Tribunal, challenging the return and declaration of the 1st respondent as the winner of the election by the 2nd to 110th respondents.

In the amended petition of the appellant filed on 28th July 2003, the petition was brought on the following grounds:

(i) That the 1st respondent was not duly or validly elected or returned by majority of lawful valid votes cast at the questioned election of 14th April 2007 having not scored or polled the highest number of majority of lawfully valid votes cast at the election.

(ii) That the declaration, election, or return of the 1st respondent is undue and invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act 2006 as amended.

From the pleadings of the parties, issues were more particularly joined on the state of the collation of election results in:

(a) Amankalu/Akaliufu/Alayi Ward

(b) Ugwueke/Ezeukwu Ward

(c) Item Ward A

(d) Item Ward C

The petitioner/appellant states that no result was collated in Amankalu/Akaliufu/Alayi Ward and no Form EC8 B (1) was given out because of violence perpetrated by the 1st respondent. He also states that no result was collated in Ugwueke/Ezeukwu Ward as one Chief Ukwu Rocks Emma after the election took the INEC ad-hoc staff who conducted the election away.