Chief Nelson T. Gbe V. Apostle Paul Selede Esewe & Ors (1988)

LawGlobal-Hub Lead Judgment Report

OMO, J.C.A. 

In this application the respondent/appellant is seeking leave of this court to appeal against two rulings/decisions delivered by the Warri Division of the Bendel State High Court presided over by Honourable Justice Omoluabi on the 16th February, 1988 and 1st March, 1988.

These two decisions in respect of which leave to appeal is now being sought here were made in the course of the hearing of an election petition filed by the petitioner/respondent against the result of the Local Government elections held in the Bomadi Local Government Area in December, 1987.

The relevant facts for a full appreciation of the issues raised in this appeal may be stated as follows:

The petitioner and the respondent were two of the seven candidates who were duly nominated and contested for the post of Chairman of the Bomadi Local Government Council in the Local Government elections which took place on the 12th December, 1987.

Before the result of this election was declared, and with a view no doubt to meet the one-month deadline for so doing, the petitioner filed a petition against the conduct of the election dated 8th January, 1988 in which he prayed that:

“that it may be determined that the election in respect of the affected ward, Akugbene Ward 3 was void and be declared void as such and that no candidate should be declared and/or announced as having been elected as Chairman of the Bomadi Local Government Council in view of the facts, events and all other circumstances connected with and/or emanating from the election as averred herein.”

(2) any further relief or orders as this Honourable Court may deem fit to grant in the circumstances of this petition.”

On service of the petition on him, the 1st respondent filed a reply on 4/2/88 in paragraph 10 of which he averred that

“10. The 1st respondent shall at a later time raise a Preliminary Objection that the petition is defective in law and is therefore not properly before this Honourable Court. ”

On 10th February, 1988 the petitioner filed an application seeking inter alia, leave of the High Court to amend the petition “in the manner set forth and/or underlined in red ink in the amended petition attached to the supporting affidavit.” This amended petition in addition to containing several new paragraphs, in its concluding prayer sought as follows:

“(a) That it may be determined that the election in respect of the affected ward, Ward 3 of Bomadi Local Government Area was void and be declared void as such.

“(b) That the declaration of the 1st respondent as having been duly returned and/or elected made by the 3rd respondent on the 27th day of January, 1988 is a nullity.

“(c) That fresh election be ordered to be held in Wards 3 and 7 of the Bomadi Local Government Area for the election of the Chairman of the said Local Government Council, the result of the said fresh election being used along with the result already announced in respect of the other wards.