Benneth Ikeatu V. Bonny Mbakwe Obi & Ors (1999)

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AKINTAN, J.C.A. 

This is an appeal from the decision of the Governorship and Legislative Houses Election Tribunal holden at Owerri in Imo State delivered on 24/3/99. The 1st respondent, Bonny Mbakwe Obi, was petitioner at the tribunal while the appellant, Benneth Ikeatu, was the 1st respondent at the same tribunal. The appellant and the 1st respondent were candidate at the House of Assembly election held on 9/1/99. They both contested for the Ideato South State Constituency in Imo State. The appellant contested the election on the platform of the All Peoples Party (APP) while the 1st respondent contested on the platform of the Peoples Democratic Party (PDP).

The 2nd respondent (INEC) is the statutory body charged with the conduct of the elections while the 3rd, 4th and 5th respondents were the officials of the 2nd respondent directly involved in conducting the election. At the end of the said elections, the 2nd respondent declared that the appellant was the winner in that he scored 14,288 votes while the 1st respondent was said to have scored 10,901 votes. The 1st respondent was dissatisfied with the result declared. He accordingly filed a petition against it at the tribunal. The grounds he relied on in support of his said petition as set out in paragraph 7 of his petition are:

“(a) The 1st respondent was not elected by a majority of valid and/or lawful votes cast at the election.

(b) The election of the 1st respondent was voided by corrupt practices, irregularities and malpractices.

(c) The 1st respondent was not qualified to contest the said election.”

The petitioner (now 1st respondent) then concluded his said petition by praying the tribunal for the following reliefs:

“Wherefore your petitioner prays that it be determined that:

(a) The 1st respondent was not elected by a majority of lawful votes cast at the election and ought not be returned a duly elected.

(b) That it be determined that the petitioner was elected by a majority of lawful votes cast at the said election and ought to have been returned as duly elected.

In the alternative, the petitioner prays the tribunal to make any of the following orders:-

(a) Order a bye-election in the said three wards, namely:-

i) Umuna Isiaku Ward

ii) Amanator/Umueshi Ward