Barr. Ennoch Etsu Kwali & Anor V. Hon. Isah Egah Dobi & Ors (2008)

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OYEBISI F. OMOLEYE, J. C. A.

This is an appeal against the judgment of the National Assembly Election Petition Tribunal holden at Abuja, delivered on the 6th day of October, 2007. The petition was in respect of the return of Hon. Isah Egah Dobi, the 1st Respondent as the Member of the National Assembly, House of Representatives representing the Abaji/Gwagwalada/Kwali/Kuje Federal Constituency of the Federal Capital Territory, Abuja.

THE BRIEF BACKGROUND FACTS:

On the 22nd day of May, 2007, the Appellants as Petitioners filed before the trial Tribunal a petition containing eleven paragraphs challenging the election and return of the 1st Respondent as Member representing the Abaji/Gwagwalada/Kwali/Kuje Federal Constituency of the Federal Capital Territory, Abuja in the House of Representatives of the National Assembly. The petition was later amended by an Amended petition of eleven paragraphs on the in day of August, 2007. The grounds of the petition were that the election held on 21/4/2007 was replete with substantial noncompliance with the provisions of the Electoral Act, 2006 and the Manual for Election Officials, 2007, thereby rendering the result of the election null and void. And that the 1st and 2nd Respondents did not score the majority of lawful votes cast at the election. The Appellants in proof of their petition called two witnesses and tendered some exhibits in evidence.

On the other hand, the 1st and 2nd Respondents in their eleven point Reply to the amended petition denied the Appellants’ claim, called one witness; while the 3rd to 38th Respondents also in denial of the petition called two witnesses and tendered some exhibits in evidence.

In its judgment delivered on the 6th day of October, 2007, the trial Tribunal found against the Appellants that they failed to establish any case of non-compliance with or breach of the Electoral Act, 2006 and the Manual for Ejection Officials, 2007. The Petition was accordingly, dismissed. The 1st Respondent was held to have been duly ejected and returned as Member, House of Representatives of the National Assembly representing the Abaji/Gwagwalada/Kwali/Kuje Federal Constituency of the Federal Capital Territory, Abuja at the election held on the 21st day of April, 2007.

Dissatisfied with the judgment of the trial Tribunal, the Appellants filed to this Court a Notice and Grounds of Appeal containing eleven grounds of appeal on the 25th day of October, 2007. The eleven grounds of appeal with their particulars are contained in pages 433 to 445 of the record of appeal.

The Appellants by a brief of argument dated and filed on 14th day of December, 2007 formulated four issues for the determination of this appeal. These are:

1. Whether or not the refusal by the Tribunal to hear and determine the Appellants’ application dated 2nd

October 2007 did not amount to an abdication of the Tribunal’s duty to do justice, which led to the breach

of the Appellants’ right to fair hearing thereby rendering null and void the proceedings of the 2nd of

October 2007 and the subsequent judgment delivered on the 6th of October 2007?

2. Whether or not, on the basis of the pleadings and the evidence adduced before the Tribunal, more particularly the Certified True Copies (CTC) of the Registers of Voters, the burden to produce the Originals of the Register Voters still rested on the Appellants?
3. Whether or not the Tribunal was right in its findings that ‘without the evidence of the witnesses from the polls, it was impossible to prove over-voting? ,
4. Whether or not, there was sufficient legally admissible evidence upon which the Tribunal will support the findings that the Appellants won the majority of lawful votes cast at the Election?

The 1st and 2nd Respondents filed a brief of argument on the 24th day of December, 2007. In it, ‘the four issues formulated by the Appellants were adopted for the resolution of this appeal.

The 1st and 2nd Respondents ‘raised a preliminary objection in their brief of argument on the ground that the Appellants’ brief of argument was not filed within the time stipulated by law. The argument in respect of the preliminary objection is incorporated in the 1st and 2nd Respondents’ brief of argument.

The Appellants also filed a Reply to the brief of argument of the1st and 2nd Respondents. The Reply brief of argument of the Appellants was deemed properly filed and served on 18/2/08.