Chief Emmanuel Osita Okereke V. Alhaji Umaru Musa Yar’adua & Ors. (2007)

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ABBA AJI, J.C.A.

The petitioner/applicant was a candidate sponsored by the African Liberation Party (A.L.P.) a registered political party at the election into the office of President of Federal Republic of Nigeria held on the 21st April, 2007, wherein the 1st and 2nd respondents were returned elected as the President and Vice President of the Federal Republic of Nigeria respectively.

Dissatisfied with the conduct of the election and the return of the 1st and 2nd respondents as the President and Vice President respectively, the petitioner/applicant petitioned this court vide a petition dated and filed on the 21st day of May, 2007, challenging the conduct of the election and the return of the 1st and 2nd respondents upon the following three (3) grounds as contained in paragraph 4 of the petition. The grounds as stated are:

(i) That the 1st and 2nd respondents were at the time of the said election not qualified to contest the election into the offices of the President and Vice President of Federal Republic of Nigeria respectively in that both of them were indicted for offences/breaches of law by Administrative Panel of Inquiry set up by Abia State Government on the activities of some persons and serving/past government functionaries between 1999-2007 dated 21/2/07, and which indictment was accepted by the Government of Abia State in its white paper, the petitioner shall at the trial found upon the copy of the said white paper.

(ii) The petitioner shall also at the trial lead evidence and contend that the election was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act.

(iii) The petitioner further avers that at the trial he shall lead evidence and contend that he was validly nominated for the election but was unlawfully excluded at the said poll.”

By a motion on notice dated and filed on the 8th August, 2007, brought pursuant to paragraphs 5 and 14(1) of the Rules of Court Practice for Election Petition; Order 26 rules 6, 7(1); Order 27 rule 1; Order 41 rule 3; Federal High Court (Civil Procedure) Rules, 2000, the petitioner/applicant prayed for the following orders:

(a) AN ORDER for petitioner/applicant to furnish better and further particulars in his petition in terms of the accompanying schedule hereto attached and marked as exhibit ‘A’.

(b) LEAVE of this tribunal to allow the petitioner/applicant to adduce and rely on the following attached proposed documents, to wit.

(i) list of documents relied upon marked exhibit “C”,

(ii) written deposition of petitioner marked exhibit “D”,

(c) AND for such further orders as the tribunal may deem fit to make in the circumstances.

The motion is supported by a 9 paragraph affidavit deposed to by the petitioner/applicant, Chief Emmanuel Okereke himself. Annexed to the supporting affidavit are three (3) exhibits, i.e. ‘A’, ‘C’ and ‘D’. Exhibit ‘A’ is the schedule of better and further particulars; exhibit ‘C’ is the list/copies of documents to be relied on by the petitioner/applicant, while exhibit ‘D’ is the written deposition of the petitioner. The application is also supported by a written address. Learned counsel formulated this issue for determination, viz:

Whether the petitioner/applicant is entitled to the amendment sought as prayed.