All Progressives Congress Vs Peoples Democratic Party (2015)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

On the 21st day of June, 2014 the 3rd Respondent (INEC) conducted Governorship election in all the wards of the 16 Local Government Areas of Ekiti State. Eighteen political parties, including the appellant and 1st Respondent, contested the election through their respective candidates.

The result of the election showed that the 2nd Respondent, sponsored by his party, the Peoples Democratic Party (PDP) won with a total of 203,020 votes against a total of 120.433 scored by his closest rival a candidate of the main opposition party in the country, the All Progressive Congress (APC), the Appellant in this appeal.

Though its candidate at the election, John Olukayode Fayemi, accepted the result of the election and did congratulate the winner, Ayodele Peter Fayose of the PDP as shown in the record; the APC did not accept the result and challenged same at the Governorship Election Tribunal constituted for Ekiti State in Petition No.EPT/EKS/GOV/O1/2014 as the sole petitioner.

In its petition, the petitioner averred, inter alia:

“… that the election was marred with irregularities that are unprecedented in the annals of elections in this country as ‘photo chromic’ and ‘thermo chronic’ ballot papers already programmed to favour the 1st and 2nd Respondents in all the polling units, were used.”

Specifically, the petitioner (now appellant) predicated his petition on the following grounds:

“(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 Conducts 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 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).”

Not only did the appellant as petitioner adopt the facts averred in paragraphs 1 to 35 of the Petitioner, as facts in support of the grounds of the Petition, it also made and relied on specific averments in respect of some Local Government Areas in the State.