Abasi Ogwime Braimah & Anor. V. Hon. Abubakar Eshiokpekha Momoh & Ors. (2009)

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NWOSU-IHEME (Ph.D), J.C.A.

This appeal is against the Judgment of the Governorship, and Legislative Houses Election Tribunal sitting in Benin, Edo State. The said Judgment was delivered on the 30th day of April 2008. The Appellant in appeal NO. CA/B/EPT/128/08 ABASI OGWIME BRAIMAH was the 1st Respondent at the lower tribunal. He was the Candidate of the Peoples Democratic Party (PDP) for Etsako Federal Constituency of Edo State held on the 21/4/07.

The 1st Respondent in the same appeal NO.CA/B/EPT/128/08 HON. ABUBARKAR ESHIOKPEKHA MOMOH was the Candidate of the 2nd Respondent, the Action Congress. The 3rd to the 20th Respondents in this appeal were the Independent National Electoral Commission (INEC) and its officials that conducted the said election.

At the Conclusion of the elections, the Appellant was declared victorious and returned as elected. Aggrieved by the declaration and return, the 1st & 2nd Respondents, as Petitioners in the lower tribunal, commenced proceedings by way of an Election Petition by which they questioned the election on two grounds namely:

(a) “The election of the 1st Respondent be nullified and his return or declaration as the winner set aside.

(b) the 1st Petitioner be declared as validly elected or returned having polled the highest number of lawful votes cast at the election.

ALTERNATIVELY:

(c) the entire results declared by the 2nd Respondent through its appropriate officials for:

(i) Etsako West Local Government Area:

(ii) Etsako Central Local Government Area

(iii) The Polling Units and Wards Constituting (i) and (ii) above be nullified or cancelled and a re-election ordered therein;

(d) The results declared by the 2nd Respondent through its appropriate officials for wards 1, 2 and 8 in Etsako East Local Government Area and units 6, 7 and 8 in ward 4, as well as unit 7 in ward 9 be nullified or cancelled and a re-election ordered in the said wards or units.

IN THE FURTHER ALTERNATIVE

That the entire result declared by the 2nd Respondent through its appropriate officials for Etsako Federal Constituency be nullified or cancelled and a re-election ordered.”