All Progressives Grand Alliance & Anor. V. Andy Emmanuel Uba & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision delivered on 4/8/2011 by the National and State Houses of Assembly Election Tribunal, Awka, Anambra State, (hereafter simply referred to as “the Tribunal”) striking out some paragraphs of Petition No. EPT/AN/NAE/SE/10/2011.

The Appellants were the Petitioners in Petition No. EPT/AN/NAE/SE/10/2011 (hereafter simply referred to as “the Petition”). The Appellants on 30/4/2011 instituted the Petition which relates to the National Assembly election held on 9/4/2011 for Anambra South Senatorial “Zone”, Anambra State. The 2nd Appellant contested the election on the platform of the 1st Appellant. The Appellants are challenging the declaration and return of the 1st Respondent as the winner of the election. The Appellants averred that the 1st Respondent “purportedly” contested the questioned election on the platform of the Peoples Democratic Party (hereafter simply referred to as “PDP”) and which party is the 4th Respondent in the Petition. The reliefs which the Appellants prayed of the Tribunal, as set out in the Petition are reproduced hereunder:-

“Wherefore your Petitioners pray as follows:

(i) That neither the 1st Respondent nor the 3rd Respondent was duly elected by the majority of lawful votes cast in the Senatorial election held on 9th April, 2011 for Anambra South Senatorial District, and that the return of the 1st Respondent is void.

(ii) That the Petitioners scored the highest number of votes cast in the Senatorial election held on 9th April, 2011 for Anambra South Senatorial District and satisfied all the requirements of the applicable laws.

(iii) That the 2nd Petitioner be declared as having been validly elected or returned.

The Petitioners pray alternatively and ONLY in the alternative as follows:

(a) That it be determined that the 1st and 3rd Respondents were at the time of the election, not qualified to contest the election as both were, contrary to the provisions of the enabling laws, unlawfully sponsored by one political party, to wit, the 4th respondent.

(b) That it be determined that the 4th Respondent (sic) participation in the National Assembly election of 9/4/2011 in Anambra South Senatorial Zone is null, void and of no effect, in that (contrary to the provisions and spirit/intendment of the enabling laws) it sponsored two candidates in the aforesaid election.

(c) That it be determined that the act of the 2nd Respondent in allowing/authorizing the 4th Respondent to participate and/or sponsor two candidates (to wit 1st & 3rd Respondents) in the said election constitutes gross irregularities that substantially affected the conduct and outcome of the election.

(d) An order setting aside the participation of the 1st, 3rd and 4th Respondents in the aforesaid election as well as the return of the 4tn Respondent as the purported winner of the election.

(e) An order that fresh election be conducted in Anambra South Senatorial Zone for all the other candidates that validly participated in the aforesaid election of 9/4/2011.

The Petitioners further pray in the alternative that: