Peoples Democratic Party V. Prof. Steve Torkuma Ugba & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UCHECHUKWU ONYEMENAM, J.C.A (Delivering the Leading Judgment)

On Friday, 16th day of September, 2011, I pronounced my judgment in this appeal and reserved the reasons to be made known on a later date. See Section 134 (4) of the Electoral Act No.6 of 2010. I shall herein make my reasons known.

In pronouncing my judgment on 16/9/11, I gave a skeleton of the brief facts of the appeal. I shall herein also give details of the facts.

On 29/6/11 the petitioners had approached the Tribunal with a motion ex-parte dated 23/6/11. The motion was brought pursuant to paragraph 18(1) and 47(2) of the First Schedule to the Electoral Act, 2010 as amended. In granting the application on 29/6/11, the Tribunal ordered as follows:

“An Order is made directing the Secretary of the Tribunal to issue pre-hearing Notice as in FORM TF007 to be accompanied by a pre-hearing information Sheet as in FORM TF 008 for commencement of the pre-hearing conference towards the hearing of this petition.”

See page 272 of the Record

Disgruntled, the appellant by motion on notice dated and filed 4/7/11 prayed the Tribunal for:

(1) “AN ORDER of this Honourable Tribunal setting aside the proceedings and Orders made on the 29th of June, 2011 ordering the issuance of pre-trial Notice and setting aside as null and void the Notice of pre-trial Hearing issued at the instance of the petitioner.

(2) AN ORDER of the Honourable Tribunal dismissing the petition in the entirety on grounds that no valid application has been made by the petitioner pursuant to the provisions of paragraph 18 of the 1st Schedule to the Electoral Act, 2010 as amended

(3) FOR SUCH ORDER or other Orders that the Honourable Tribunal may deem fit to make in the circumstance of the Case.”

On 19/7/11, the Tribunal in its considered ruling dismissed the application.

Then again, the appellants being discontented has appealed to this Court via Notice of Appeal dated 29/7/11 and filed 1/8/11. The appellant’s Notice of Appeal contains 6 Grounds of Appeal. See pages 304 – 311 of the Record. Parties filed their respective briefs as required by the Rules. In the appellant’s brief of argument settled by Chief Solo U. Akuma MON, SAN, dated and filed 19/8/11, three issues were couched for determination:

“1. Whether the Governorship Election Tribunal has jurisdiction to entertain any motion before the Prehearing session without the leave of the Tribunal obtained upon extreme circumstances shown by the 1st and 2nd Respondents.

2. Whether the Governorship Election Tribunal was right when it held that application for issuance of pre-trial notice made pursuant to Paragraphs 18(1) and 47(2) of the 1st Schedule to the Electoral Act 2010 as amended does not require to be served on the Appellant and that non service of the said Application on the Appellant does not tantamount to the infringement of the right of the Appellant to fair hearing.
3. Whether the pre-hearing Notice (Form TF 007) issued by the Secretary of the Governorship Election

Tribunal Pursuant to the order of the Tribunal made on the ex-parte application of the 1st and 2nd Respondents is valid in the light of the provisions of paragraph 18(2) of the 1st Schedule of the Electoral Act 2010 as amended.”