Adebusoye Olaniyi V. Akikurolere Soji. O. & Ors (2009)

LawGlobal-Hub Lead Judgment Report

GEORGE OLADEINDE SHOREMI J.C.A

This is an appeal brought by the Appellant who was the 1st Respondent at the Election Tribunal against the Judgment of the Governorship/Legislative Houses Election Tribunal delivered on 1st April 2008 wherein the Election Tribunal upheld the petition and nullified the election of the Appellant herein who was returned by the 2nd – 4th Respondents as member of Ondo State House of Assembly for Okitipupa Constituency I in the 14th April 2007 election.

The Grounds for the petition in the lower tribunal are stated in paragraph 14 of the petition (see page 3) of the Record of Appeal. Reliefs sought by the 1st Respondent are stated thus:

(i) An order nullifying the Result of the State House of Assembly Election in the entire wards in Okitipupa Constituency I Okitipupa Local Government Area of Ondo State as declared and announced by the 2nd – 4th Respondent

(ii) An order nullifying the purported election and return of Adebusoye O. as member of Ondo State House of Assembly to represent Okitipupa Constituency I in Okitipupa Local Government Area of Ondo State as he did not score the majority number of lawful valid votes for the reasons forstated in the petition.

In the practice of the Lower Tribunal the trial was conducted to conclusion. In its considered judgment the Tribunal on 1/4/08 upheld the petition of 1st Respondent herein and nullified the election of the Appellant who was elected and returned by the 2nd – 4th Respondents. The Appellant being dissatisfied with the judgment appeal to this court. The Appellant filed an Amended Notice of Appeal with Ten Grounds. The Amended Grounds of Appeal has 10 Grounds of Appeal and was deemed filed and served on 27/4/08.

The Grounds of Appeal are herein stated without particulars:

GROUND ONE

The Lower Tribunal erred in law and acted without jurisdiction when it admitted in evidence Exhibit T, a correspondence from INEC to Liaison Officer, Labour Party dated 25th October 2007 made while proceeding was already pending and which the learned Tribunal placed heavy reliance upon in its judgment and thereby caused a grave miscarriage of justice to the 1st Respondent whose election was challenged.

GROUND TWO

The lower Tribunal erred in law when it found that all Electoral materials meant for use in the election were either burnt or destroyed during the election based on Exhibit T which findings was perverse and has occasioned a miscarriage of justice.

GROUND THREE

The lower Tribunal erred in law in upholding the Petition and nullifying the election of the Appellant without the evaluation of the evidence led by all the parties in the Petition and this occasioned a miscarriage of justice.

GROUND FOUR