Chief Ikedi Ohakim V. Chief Martin Agbaso & Ors. And Senator Ifeanyi Araraume V. Inec & Ors & Ikedi Ohakim V. Chief Martin Agbaso & Ors (2010)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

There are three appeals involved in this judgment. Appeal No. SC/3/2010 concerns the ruling of the Court of Appeal, Holden at Abuja, in appeal No. CA/A/244/2007 on the preliminary objections filed by the appellant, the 2nd, 3rd and 4th respondents herein challenging the jurisdiction of the Court of Appeal in the appeal filed by the 1st respondent herein. The ruling was delivered on the 26 day of February, 2009, dismissing the said objections.

After overruling the objections, the lower court proceeded to hear and determine the appeal on the 16th day of December, 2009 by allowing same and remitting the matter to the Federal High Court for hearing and determination on the ground that that court has jurisdiction to entertain same. Appeal NOS. SC.51/2010 and S.C/54/2010 are therefore against the judgment on the merit of the appeal, delivered on the 16th day of December, 2009.

The facts giving rise to this appeal are simple and straight forward. They include the following:

On the 14th day of April, 2007 Governorship and State House of Assembly elections were conducted in Nigeria, including Imo State, by the 2nd respondent (INEC) which has the Constitutional responsibility to do so. At the conclusion of the election, the 2nd and 3rd respondents upheld and/or validated the results of the State House of Assembly election in Imo State while the election in relation to the Governorship of Imo State was cancelled. The reasons for the alleged cancellation were given by the 3rd respondent to include violence, thuggery etc in 9 out of 27 local Government Areas of Imo State. The election results upheld by the 2nd and 3rd respondents in respect of the State House of Assembly of Imo State also held on 14th April, 2007 included the results declared in the 9 Local Government Areas allegedly affected by thuggery, violence and other electoral offences. In both elections, the same ballot boxes, officials etc, were used in the conduct of the elections of 14th April, 2007. Appellant, 1st respondent and other candidates contested the Imo State Governorship election of 14th April, 2007 which, as earlier stated, was cancelled by the 2nd and 3rd respondent s for being inconclusive.

Meanwhile, the 2 and 3 respondents rescheduled Imo State Governorship election for the 28th day of April, 2007.

On the 19th day of April, 2007, the 1st respondent instituted an action at the Federal High Court, Abuja by way of judicial review, in which he claimed the following reliefs:-

(a) A DECLARATION that the Respondents lack the power to cancel the Imo Stale gubernatorial elections under the Electoral Act, 2006.

(b) A DECLARATION that the Respondents lack the power to cancel the Imo State Gubernatorial election results and/or the election held on 14th April, 2007, while upholding the House of Assembly elections conducted simultaneously with the said gubernatorial election.

(c) A DECLARATION that the cancellation of the said gubernatorial election conducted by the by the Respondents in Imo State on 14th April, 2007 is unreasonable, unlawful, illegal, arbitrary, unconstitutional, null and void.

AN ORDER setting aside the cancellation of the said gubernatorial election by the Respondents.

(e) AN ORDER OF MANDATORY INJUNCTION directing the Respondents to forthwith continue and complete the process of conducting the Imo State gubernatorial elections where the Respondents stopped and in accordance with the provisions of the Electoral Act 2006 and Constitution of the Federal Republic of Nigeria 1999; to wit, to collate and declare the results at the state level.

Meanwhile, the 1st respondent together with other contestants, including the appellant, participated in the re scheduled Imo State Governorship election held on the 28th day of April, 2007 in which the appellant was returned or declared elected by the 2nd and 3rd respondents. Following the declaration of the above result, the Federal High Court struck out suit NO. FHC/ABJ/M/269/2007, the action for judicial review, on the 30th day of April, 2007 on the ground of lack of jurisdiction, an election haven been held and the result declared in relation to the matter.

1st respondent was dissatisfied with that ruling and consequently appealed against same to the Court of Appeal, Holden at Abuja, on the 14th day of May, 2007. In addition to the appeal, the 1st respondent filed an election petition on the same 14th May, 2007 at the Election Tribunal in which he claimed the following reliefs:-