Peoples Democratic Party V. Independent National Electoral Commission & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

M.O. BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment)

This appeal emanated from the ruling delivered at the Governorship Election Tribunal, Anambra State sitting at Awka on 28th February,2013.

The Respondents in their respective applications had raised preliminary objection to some paragraphs of the petition on the grounds that the averments therein are election matters which are within the exclusive jurisdiction of the High Court, that some are caught by the doctrine of estoppels, some are vague and nebulous while some paragraphs contain allegations against persons who are not made parties to the petition. The tribunal in a considered ruling upheld the objection and struck out some paragraphs on pages 6,27-28, 32 and 33 of the petition.

The petitioner, now the appellant dissatisfied with that ruling filed 9 grounds of appeal which, shorn of the particulars are as follows:

Ground 1

That learned Chairman and members of the Tribunal erred in law and thereby occasioned a miscarriage of Justice,when they held that the issue of qualification under Section 31(5) and (6) of the Electoral Act 2010 (as amended) is a pre-election matter for which only the Federal and/or State High Courts have jurisdiction.

Ground 2

The Honourable Tribunal erred in law and came to a wrong decision which occasioned a miscarriage of Justice when it held:

“And finally on the issue, there is nothing anywhere in the pleadings of the petition to show possibility of reliance on any prepared charge or record of conviction and subsequent disqualification to warrant the sustenance of the paragraphs in issue, we thus agree with the Applicants as to the non- Justice ability of the paragraphs worthy only of being struck out. The issues raised for determination in this contest are resolved in favour of the Applicants. Paragraphs A(1) – m is hereby struck out, so paragraphs 1(k) at page 6 of the petition and where ever such appeal in the petition.”

Ground 3

The Honourable Tribunal erred in law and came to a wrong decision which occasioned a miscarriage of Justice when it sought to distinguish the case of DANGANA V. USMAN from the facts of this petition and to hold that it is only constitutional qualification that is covered by Section 138(1) of the Electoral Act 2010 (as amended).

Ground 4

The Learned Chairman and members of the Tribunal erred in law and thereby occasioned a miscarriage of Justice when they struck out the paragraphs of the Appellant petition touching on multiple registration and/or supplying false information to INEC by the 25th Respondent on the ground that they constitute abuse of Court’s process same having been litigated in Exhibit ‘A’-Suit No. OT/140/2013 Oli V. Obiano and thus been res judicata.

Ground 5