Benjamin C. Uwajumogu V. Achonu Athanasius Nneji & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This an interlocutory appeal lodged against two decisions delivered on 15th and 16th November, 2016 respectively, by the National and State Houses of Assembly Election Petition Tribunal, Imo State holden at Owerri (hereafter to be simply referred to as ?the lower Tribunal?).

The Petition in which the decisions were delivered was presented before the lower Tribunal by 1st Respondent on record as Petitioner against the Independent National Electoral Commission (hereafter to be simply referred to as ?INEC?) as 1st Respondent; the Appellant on record as 2nd Respondent and All Progressives Congress (hereafter to be simply referred to as ?APC?) as 3rd Respondent. The 1st Respondent as Petitioner is challenging the return of the Appellant as the winner of the re-run election to the membership of the Senate of the Federal Republic of Nigeria for Imo North Senatorial District which was conducted 23/7/2016 and 28/7/2016. The decision made by the lower Tribunal on 15/11/2016 that the Appellant has grouse with relates to the Tribunal?s overruling of the

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objection in respect of its competence to conduct proceedings on the said date; while the decision of the 16/11/2016 which the Appellant has grouse with relates to the dismissal by the lower Tribunal of the motion on notice filed by the Appellant on 9/11/2016 wherein he prayed for the following: –

?1. An order dismissing the Application for issuance of pre-hearing processes filed by the Petitioner on 15/10/2016, together with the Hearing Notice for pre-hearing session dated 17/10/16 issued by the secretary to the Tribunal pursuant to the said application and the Petitioner?s answer to questions contained in the pre-hearing information sheet dated 20/10/16 and filed on same date for being gross abuse of Court process.

2. Striking out the Petitioner?s applications for pre-hearing session made on 09/09/16, 15/09/16 and 28/9/16 respectively for being premature and incompetent.
3. An Order setting aside the purported pre-trial held on 11/10/16 for being incompetent.
4. Dismissing Petition No. EPT/IM/SN/RE/1/2016 for having been abandoned by the Petitioner for failure of the Petitioner to file a competent and valid application

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for issuance of pre-hearing forms.?

The Appellant ventilated or expressed his grouses with the aforementioned decisions of the lower Tribunal by lodging in the registry of the said Tribunal on 21/11/2016 a notice of appeal dated 18/11/2016. The notice of appeal contains three grounds of appeal and the reliefs which the Appellant seeks from this Court as contained in the said notice are: –

?a. An Order setting aside all the proceedings and rulings of the lower tribunal conducted on 15/11/16 and 16/11/16 respectively for being made without jurisdiction.

IN THE ALTERNATIVE

b. An Order setting aside the ruling of the lower tribunal delivered on 16/11/16.

c. An Order dismissing the petition as having been abandoned for failure of the petitioner to file a valid pre-hearing application.?