Action Congress & Anor. V. Peoples Democratic Party & Ors. (2008)

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

This is an appeal which arose from the decision of the Governorship and Legislative Houses Election Petition Tribunal of Ondo State in which the Appellant had claimed the following reliefs:

That the said Election be declared null and void having been invalidated by Substantial irregularities and non-compliance with the provisions of the Electoral Act

2006 and further to direct that a new election that conforms with Electoral Act 2006 be conducted throughout the 6 Local Government in Ondo South Senatorial District to elect a Senator for the people of the Constituency to the national Assembly.

The Facts that led to this petition which appeal is now pending before this Court were that the Ist Respondent a Political Party Sponsored One Chief Olusola Oke for the election to the Ondo South Senatorial District Seat of the National Assembly on the 21st April, 2007.

The 2nd – 9th Respondents declared the 1st Respondent and its candidate as the winner of the Ondo South Senatorial District Election on the 25th of April, 2007.

The Ist Respondent (PDP) had sponsored a Candidate, one Olusola Oke whose Candidature was challenged before the Federal High Court Abuja by one Senator Hosea Oladapo Ehinlanwo. The Federal High Court found in favour of Hosea Oladapo Ehinlanwo, and declared in essence that he was the rightful Candidate of the Peoples Democratic Party for the Election on the 18th April, 2007. Consequent upon the Judgment of the said Court, Hosea 0ladapo Ehinlanwo was Sworn-in and inaugurated as the Senator for Ondo South Senatorial District on the Platform of the Peoples Democratic Party having been issued with Certificate of Return.

Following the above development, the Appellants challenged the Return of the 1st Respondent in a Petition filed on the 21st of May 2007. In the Petition at the lower Tribunal, the Appellants made allegations of irregularities, non – compliance with the provisions of the Electoral Act 2007, and urged the Tribunal to declare the said Election null and void.

At the Tribunal below, before hearing of the petition commenced, Senator Hosea Ehinlanwo applied as an interested party to be joined as a Respondent. While hearing the motion for joinder by Senator Ehinlanwo, the Tribunal ordered that parties should address the Court on the competence of the Petition in view of the non – joinder of Senator Ehinlanwo, the Candidate Returned at the election and Considering the fact that the time allowed under the Electoral Act to amend the petition had lapsed.

Both parties filed written addresses and elaborated on same on the 14th of August 2007. In its Ruling delivered on the same 14th August 2007, the lower Tribunal held that the failure, refusal and or neglect of the Petitioner to join Senator Hosea Ehinlanwo in his petition was fatal to the petition and rendered it incurably bad.

The application for joinder was therefore struck out, and the petition was Consequently dismissed.

Dissatisfied with the decision of the lower tribunal, the Appellants appealed to this Court on three grounds of Appeal, which, as contained in the notice and grounds of Appeal without their particulars read:

GROUND 1: The Honourable Tribunal erred in Law when it held as follows:

” … We hold that the willful, failure, refusal and or neglect of the Petitioners to join Senator Hosea O. Ehinlanwo to this Petition is fatal to the Petition, and makes the same incurably bad … Petition dismissed.”