Barr. Boloukuromo Ugo V. Bolobowei Indiamaowei & Ors (1999)

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NSOFOR, J.C.A. 

This is an appeal from the decision, on the 26th of March 1999, of the Governorship/House of Assembly Election Petitions Tribunal, Bayelsa State of Nigeria, (herein after to be referred to simply as the Tribunal for short) holden in Yenagoa.

On the 30th of January, 1999, elections were conducted into the Bayelsa State House of Assembly by Independent National Electoral Commission (INEC) a statutory body charged with conducting elections throughout the Federal Republic of Nigeria .

The appellant (petitioner) contested the Bayelsa State House of Assembly elections for the Kolokuma/Opokuma Constituency II on the platform of All Peoples Party (APP). The 1st Respondent herein was also a candidate for the Kolokuma/Opokuma Constituency II at the said elections. He contested on the platform of Peoples Democratic Party (PDP).

The 3rd to the 7th Respondents herein, were some officials of the INEC, (the 2nd named Respondent herein) who participated in the conduct of the said Bayelsa State House of Assembly elections in the above mentioned constituency on the 30/1/99.

At the conclusion of the election exercise, the INEC declared and returned the 1st Respondent as the winner having scored the majority of lawful or valid votes.

The appellant (petitioner) was dissatisfied with the declaration and the return of the 1st Respondent. Consequently, he filed an election petition before the Tribunal challenging the declaration and the return of the 1st Respondent as the winner.

The 1st Respondent had filed a Reply to a petition. Similarly, there was filed on the behalf of the 2nd to the 7th Respondent a Joint Reply to the petition.

The appellant (petitioner) had challenged the declaration and return of the 1st Respondent on the grounds as expressed in paragraph 20 of the petition, to wit:-

“i. That the 1st Respondent did not obtain the majority of lawful votes cast at the House of Assembly elections of 30/1/99 for Kolga Constituency II.

ii. That the petitioner was the candidate who obtained majority of the votes cast at the said elections”

He, therefore, sought for the following reliefs as set out in paragraph 21 of the petition, id est;:

“(a) A declaration that the return/declaration of the 1st respondent as the elected member of the Bayelsa State House of Assembly for Kolokuma/Opokuma Constituency II by the 2nd – 5th Respondents is null and void and to no effect whatsoever.

(b) An order setting aside the return of the 1st Respondent as the elected member of the Bayelsa State House of Assembly for Kolokuma/Opokuma Constituency II.