Ambassador Dr. (Mrs.) Kema Chikwe V. Senator Chris Anyanwu & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the National Assembly Election Petition Tribunal, holden at Owerri, in Petition No: EPT/IM/NASS/SN/04/2011, delivered on the 2nd day of August, 2011, per Hon. Justice Ishaq Bello (Chairman), Hon. Justice S. A. Bola (Member) and Hon. Justice Kadi Kabir Abubakar (Member).

The Appellant, herein Ambassador Dr. (Mrs.) Kema Chikwe, was a candidate of the Peoples’ Democratic Party (PDP) (2nd Petitioners at the Lower Tribunal) at the election held on the 9th day of April, 2011. The 1st Respondent, Senator Chris Anyanwu contested the said election, on the platform of the All Progressive Grand Alliance (APGA). The 2nd and 3rd Respondents declared the 1st Respondent the winner of the election having polled the highest number of votes cast at the election and returned her accordingly as the winner of the Imo East Senatorial District in the said election,

The Appellant, not satisfied with the election and return of the 1st Respondent filed a Petition before the National Assembly Election Tribunal holden at Owerri on the 28th day of April, 2011 upon the following grounds:

1. That the election of the 1st Respondent was invalid by reason of corrupt practices and or non-compliance with the provisions of the Election Act 2010 as amended; and or
2. That the 1st Respondent was not duly elected by majority of lawful votes cast at the election.

The Appellant (petitioner) prayed the Honourable Tribunal as follows:

a) A declaration that the 1st Respondent was not validly elected and or returned by majority of valid votes cast at the said election by reason of the irregularities and substantial non-compliance to the Election Act as amended

b) A cancellation of all the invalid votes allocated to the 1st Respondent

c) A declaration that the 1st Petitioner is validly elected by majority of the valid votes cast in the Imo East Senatorial Election and an Order made for the 2nd Respondent to issue the 1st Petitioner with a Certificate of Return.

IN THE ALTERNATIVE

d) An Order of this Honourable Tribunal nullifying the election to the Imo East Senatorial District in Owerri Municipal Council, Owerri North Local Government Area for being a nullity by a reason of corrupt practices and substantial non-compliance with the Election Act 2011 (sic) and consequently ordering the 2nd Respondent to conduct fresh election in Owerri Municipal Council, Owerri North Local Government Area, Ahiazu Mbaise Local Government Area within the time fixed by this Honourable Tribunal.

e) And any Order that this Honourable Tribunal may deem fit to make in the circumstances.

On the 12th day of July, 2011, the Appellant wrote a letter to the Secretary of the Tribunal for the issuance of a prehearing notes titled: “RE: APPLICATION FOR THE HEARING NOTICE AS IN FORM TF 007”.

However, on the 13th day of July, 2011, the 1st Respondent filed a motion on Notice, with a supporting Affidavit of seven (7) paragraphs, deposed to by the 1st Respondent herself, along with a written address in support of the Motion on Notice to wit.

“An Order dismissing this petition for the failure of the Petitioners/Respondents to apply for the issuance of pre hearing notice as in form TF 007.”