All Progressives Congress V. Peoples Democratic Party & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of the Governorship Election Tribunal Ekiti state (that sat at the FCT High Court Jabi, Abuja) delivered on 19th December, 2014.

The Brief facts of the petition leading to this Appeal are as follows:

At the Lower Tribunal the petitioner filed its petition challenging the declaration and return of the 2nd Respondent as the winner of the Ekiti State Governorship Election conducted on the 21st June, 2014 by the 3rd Respondent.

At the said Election, the Appellant sponsored one John Olukayode Fayemi as its Governorship candidate, while the 1st Respondent sponsored the 2nd Respondent as its candidate. At the conclusion of the Election the 2nd Respondent polled a total of 203,090 (Two Hundred and Three Thousand, Ninety) votes, while the Appellant’s candidate polled a total of 120,433 (One Hundred and Twenty Thousand, Four hundred and Thirty Three) votes.

The 2nd Respondent was declared winner of the Election by the 3rd Respondent and accordingly returned as elected on the 22nd June, 2014.

The Appellant being dissatisfied challenged the declaration and Return of the 2nd Respondent. The Appellant’s Grounds of the Petition as set out in paragraph 35 thereof at page 8 Volume 1 of printed record are reproduced as follows;

i. The 2nd Respondent was not duly elected by majority of lawful votes cast at the Election;

ii. The Election of the 2nd Respondent is invalid by reason of corrupt practices.

iii. The Election of the 2nd Respondent is invalid by reason of non-compliance with the provisions of the Electoral Act 2011 as amended and the Manual of Election officials 2014 and the Constitution of the Federal Republic of Nigeria 1999 (as amended).

iv. The 2nd Respondent was not qualified to contest as at the time of the Election on the following Grounds;

(a) The 2nd Respondent was found guilty of the contravention of the Code of Conduct by the impeachment panel set up by the Acting Chief Judge of Ekiti State on allegation of Gross Misconduct involving embezzlement of funds preferred against him by the Ekiti State House of Assembly consequent upon which he was impeached and removed from the office of the Governor of Ekiti State in the year 2006.

(b) The 2nd Respondent presented a forged Higher National Diploma (HND) Certificate of the polytechnic Ibadan to the 3rd Respondent (INEC)”.

The reliefs sought by the Appellant at the Lower Tribunal as set out in paragraph 125 of its petition at page 27 Volume 1 of the printed record read thus;