Action Congress Of Nigeria V. Jimoh Afiz Adelowo & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

This appeal arose from the judgment of the Election petition Tribunal sitting in Ibadan (hereafter referred to as the Tribunal,) delivered on 16th August, 2012 wherein the petition of the petitioner now Appellant challenging the return of the 1st Respondent as the winner of the election in the Federal House of Representatives seat for Irepo/Oorelope/Olorunsogo Federal Constituency was dismissed.

The background facts are that the petitioner challenged the declaration and the return of the 1st Respondent Jimoh Afiz Adelowo, sponsored by the 2nd Respondent for the elections of 28th January, 2012 and 11th February, 2012 respectively, conducted by the 3rd Respondent (Independent National Electoral Commission) by a petition dated 2nd March, 2012 and filed on the same date, based on the grounds of non-qualification of the 1st Respondent non-compliance by the 1st Respondent with the Electoral Act 2010 as amended and the manuals for the election. Violence, non accreditation of voters, over-voting and intimidation were alleged to have substantially affected the election.

The basis for the petition was set out in paragraph 7 of the petition while the petition is at pages 2-12 of the printed records. The petitioner contended (in summary) as follows:-

1. That the 1st Respondent did not possess the minimum educational requirement to contest election into the National Assembly.
2. That Electorates were intimidated and chased away from polling booths on the instruction of the 1st and 2nd Respondents.
3. There were no accreditations of voters in some polling booths.
4. That there were over balloting/over-voting in some of the polling booths within the constituency.

But, the grounds of the petition were set out as in paragraph 6 of the petition (page 3 of the printed records) as follows:-

(a) “That the 1st RESPONDENT was at the time he presented himself for the election not qualified to stand and contest election into the National Assembly.

(b) That the 1st respondent was not duly elected by a majority of lawful votes cast at the election.

(c) The election and return of the 1st respondent is invalid by reason of corrupt practices and/or noncompliance with the Electoral Act, 2010 as amended.

(d) That the election was invalid by reason of noncompliance with the provisions of the Electoral Act 2010 as amended and the constitution of the Federal Republic of Nigeria, 1999 as amended”.

The reliefs the Petitioner/Appellant herein sought from the Tribunal are as follows:-

(a) “AN ORDER nullifying the declaration and return of JIMOH AFIZ ADELOWO as the winner of the House of Representatives election conducted into Irepo/Oorelope/Olorunsogo Federal Constituency of 28/1/2010 and run-off poll of 11/2/2012 respectively and which result was declared on 7/12/2010 on the ground that the 1st Respondent was not qualified to contest the election by reason of presenting to INEC credentials/certificate which do not meet the constitutional requirement.

(b) THAT IT may be determined and thus determined that the 1st Respondent, JIMOH AFIZ ADELOWO was not duly elected or returned by the majority of lawful votes cast at the re-run and run-off election into the Irepo/Oorelope/Olorunsogo Federal constituency held on 28/1/2012 and 11/2/2012 respectively.

(c) THAT IT may be determined that the said re-run and run-off election and the return of the 1st Respondent, the said JIMOH AFIZ ADELOWO was voided by acts of intimidation, harassment, manipulations of election results, and multiple thumbprint of ballot papers at the polling units and wards which clearly violate and breach the Electoral Act 2010 as amended.

(d) AN ORDER setting aside the results of all the units and wards listed in the petition as same have been affected by non compliance with the Electoral Act 2010, manuals, guidelines relating to the 2011 general elections as applicable to the re-run election for the constituency, intimidation, harassment, coercion and same was not free and fair.