All Progressive Grand Alliance V. Ikedi Ohakim & 2 Ors. (2008)

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CLARA BATA OGUNBIYI, J.C.A.

This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Imo State in Petition No.EPT/G/IM/94/2007 -ALL PROGRESSIVE GRAND ALLIANCE (APGA) V CHIEF IKEDI G. OHAKIM & ORS. and judgment delivered on 13th September, 2007 wherein the lower Tribunal declared and rendered the petition against the election of the 14th April, 2007 incompetent.

Being dissatisfied with the said decision the appellant took out notice of appeal dated 2nd and filed 3rd October, 2007 wherein eight grounds of appeal were filed therein.

At the lower tribunal, the petitioner/appellant took out its petition on the 28th May, 2007 wherein it claims the following from the respondents on record as following:

“1. Declaration that the 2nd and 3rd Respondents have no statutory powers to cancel or nullify the result of the Governorship election held in Imo State on 14/4/07.

2. Declaration that the 2nd and 3rd Respondents acted ultra vires their powers when they cancelled or nullified the result of the gubernatorial election held in Imo State on 14/4/07.
3. Declaration that the cancellation or nullification by the 2nd and 3rd Respondents of the result of the Governorship election held in Imo State on the 14/4/07 was invalid, wrongful, unlawful, null and void and of no effect.
4. Declaration that the petitioners candidate Martin Agbaso, is deemed to have been elected the Governor of Imo State in the Governorship election held on 14/4/07, having won majority of lawful votes cast in the election and at least 1/4 of the votes cast in at least 2/3 of the Local Government Areas of Imo State on 14/4/07.
5. Declaration that the 3rd Respondent ought to have returned the Petitioner’s candidate Martin Agbaso as the winner of the Governorship election held in Imo State on 14/4/07.
6. An order of the Tribunal directing the 2nd and 3rd Respondents to issue the petitioner’s candidate, Martin Agbaso, with the certificate of Return as the elected Governor of Imo State in the Governorship election held on 14/4/07.
7. ALTERNATIVELY an order of the Tribunal directing the 2nd Respondent to conduct fresh election in the 9 Local Government Areas where allegation of irregularity was made by the 3rd Respondent in the Governorship election on 14/4/07.
8. Declaration that the 2nd and 3rd Respondents cannot postpone a scheduled election except in accordance with the provisions of the Electoral Act.
9. Declaration that the postponement of the Governorship election for Imo State by the 2nd and 3rd Respondents to 28/4/2007, is wrongful, unlawful, null and void and of no effect.
10. Declaration that the Governorship election in Imo State on 28/4/2007 is wrongful, unlawful, null and void and of no effect.
11. Declaration that the purported return of the 1st Respondent by the 2nd and 3rd respondents as the winner of the purported Governorship election held on 28/4/07 is wrongful, unlawful, null and void and of no effect.
12. An order of the Tribunal setting aside the purported Governorship election held in Imo State on 28/4/2007.

The above were based on the following grounds:

(a) That the cancellation or nullification of the result of the Governorship election held in Imo State on 14/4/07 by INEC is invalid by reason of non compliance with the provisions of the Electoral Act.

(b) That 1st Respondent was not lawfully elected by a majority of lawful votes cast at the purported election held on 28/4/2007.

(c) That election conducted 28/4/2007 is invalid by reason of non-compliance with the Electoral Act and the constitution of the Federal Republic of Nigeria.”

The 1st Respondent filed a reply dated 18th June, 2007 and raised the following preliminary objections, namely-

“a. There is no return of any person or any declaration of return in favour of any candidate and accordingly there is nothing upon which the jurisdiction of the honourable Tribunal can be predicated in respect of the 14/4/07 inconclusive election.

b. No facts are pleaded in the petition in support of the relief dealing with 28/4/2007 election of the 1st Respondent.

c. The petition is an abuse of the process of the court having regard to the petition in EPT/G/IM/01/2007: MARTIN AGBASO V. IKEDI OHAKIM & 2 ORS commenced by the governorship candidate of the petitioner herein which petition seeks the same reliefs.”

1st Respondent further filed a “Notice of Preliminary Objection” on 21st July, 2007, and contended as follows:-