Adeleke Fariu Arebi V. Ibraheem Adebola Moshood Gbabijo & Ors. (2008)

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ADZIRA GANA MSHELIA, J.C.A.

This is an appeal against the decision of the National Assembly/Governorship and Legislative Houses Election Tribunal, Lagos State sitting at Lagos delivered on 23rd day of October, 2007 dismissing the petition filed by the Petitioner (hereinafter referred to as appellant).

The facts of this case are simple: The appellant and the 1st respondent were candidates together with one other contestant in the recently concluded National Assembly Elections into the House of Representatives for Epe Federal Constituency of Lagos State. The appellant contested the election on the Platform of the PDP (Peoples Democratic Party) while 1st respondent contested on the Platform of the AC (Action Congress). At the conclusion of the election held on the 21st day of April, 2007, 1st respondent was returned by 2nd – 4th respondents as duly elected having scored the highest lawful votes of 26,757 as against the appellant who scored 20,940 votes.

Not being happy with the result declared, the appellant filed a petition against same before the Lagos State National Assembly/Governorship and Legislative Houses Election Tribunal on the 21st day of April, 2007. Issues were joined by the respondents in their pleadings. The 1st respondent filed a reply to the petition dated 19th of July, 2007, while 2nd – 4th respondents similarly filed their joint reply dated 15th day of June, 2007. After the preliminaries, the Tribunal set the petition down for hearing. The appellant called four witnesses including himself (PW1 – PW4) while the 1st respondent called five witnesses including himself (DW1 – DW5). 2nd – 4th respondents did not call any witness. At the conclusion of the hearing, final addresses were filed, exchanged and adopted. The Tribunal in a reserved and considered Judgment held at page 412 of the record as follows:-

“On the whole, we found that the petition lacks merit in its entirety and on all grounds is hereby dismissed.

The election and return of the 1st Respondent IBRAHIM ADEBOLA MOSHOOD GBABIJO as a member of the House of Representatives representing EPE FEDERAL CONSTITUENCY, in Lagos State is hereby affirmed.”

Aggrieved with this decision appellant filed his Notice of Appeal on the 7th day of November, 2007 containing 10 grounds of appeal.

In compliance with the Practice Direction 2007 appellant filed his brief of argument on the 6th of December, 2007, while 1st respondent filed his brief on the 14thof December, 2007. The 2nd – 4th respondents filed their brief on the 22nd day of February, 2008 but same was deemed properly filed on the 5th day of March, 2008.

When the appeal came up for hearing the briefs filed were adopted and relied upon by respective counsel.

From the 10 grounds of appeal filed, appellant distilled 7 issues for determination in this appeal.

The issues are:-

1) Whether there was any evidence to support the findings of the lower Tribunal that exhibits ‘B’ and ‘B1’ are choate, genuine, valid, issued by the signing authority and belonged to the 1st Respondent (Grounds 1 & 2).

2) What is the proper interpretation of Section 66(1)(i) of the 1999 Constitution? Whether the lower Tribunal was correct in invoking the provision of section 465 of the Criminal Code in considering an infraction of Section 66(1)(i) of the 1999 Constitution (Ground 3)

3) Having regard to the cogent evidence of the Petitioner or the irreconcilable contradictions in exhibits ‘B’ and ‘B1’ in their strange features and their source of issuance, whether the lower Tribunal had any material before it to come to the finding that an evening school operated in LASCA which the 1st Respondent attended (Ground 4 & 5).