Hon. Chukwuma Umeoji & Anor V. Hon. Eucharia Azodo & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the ruling of the National and State Houses of Assembly Election Tribunal sitting in Awka, Anambra State, (coram U.B. Bwala J. Chairman; T.I. Cocodia J. member and M.A. Adeigbe J. member) delivered on the 19th July 2011 wherein the appellants petition was struck out.

The 1st appellant in this appeal had on the platform of the 2nd Appellant, All Progressives Grand Alliance. (APGA) contested in the election into the House of Representatives for the Aguata Federal Constituency held on the 9th April 2011 and 5th May 2011.

Upon the Result of the Election being declared, the 1st Respondent in this appeal who contested under the umbrella of the 4th Respondent (Peoples Democratic Party (PDP) was returned by the 5th Respondent as the winner of the election.

Being dissatisfied with the result as declared, the two appellants then filed a petition at the National and State Houses of Assembly Election Tribunal Awka, Anambra State on 27/5/11 where in paragraph 30 they prayed for the following reliefs:-

1″(a) An order canceling the results of the election declared by the 5th Respondent in Uga Ward I, Uga Ward II, Umuchu Ward II, Isuofia, Ekwulobia Ward I, Aguluezechukwu and Amesi Wards.

(b) A declaration that based on the results 5155 votes obtained by the 1st petitioner, the 13 wards in the federal Constituency namely, Achina I, Achina II, Akpo, Ekwulobia II, Ezinifite I, Ezinifite II, Igboukwu I, Igboukwu II, Ikenga, Nkpologwu, Oraeri, Umuchu I, Umuona ward, the petitioner won the election into the House of Representatives for the Aguata Federal Constituency he, having obtained a majority of the votes cast in the election.

IN THE ALTERNATIVE

2. Declaration that the 4th Respondent did not have any candidate in the election.

OR IN THE ALTERNATIVE

3. That the 1st Respondent, Eucharia Azodo was not duly elected by lawful votes and that the election into the Federal Constituency, Anambra State, held on 9th April 2011 and 6th May 2011 is void and be nullified for reasons of:-

(a) Corrupt practices

(b) Substantial non-compliance with the provisions of the Electoral Act 2006 and

4. That Fresh elections be conducted by the 5th Respondent.”

All the Respondent reacted by filing replies to the appellants petition.

Subsequently, the 1st Respondent filed a motion on notice dated 20/6/11 and filed on 25/6/11 wherein he sought for the following orders:-

(a) An order striking out this petition No. EPT/AN/NAE/HR/66/2011 Between ALL PROGRESSIVE