Chief T. A. Orji & Anor V. Onyema Ugochukwu & Ors (2009)

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SAKA ADEYEMI IBIYEYE, J.C.A.OFR,

This appeal was prompted by the judgment of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal Umuahia in Abia State delivered on the 25th February, 2008.

At the election which took place in all the constituent States of the Federal Republic of Nigeria and particularly in Abia State on the 14th of April, 2008, the Peoples Democratic Party (PDP) and the Peoples Progressive Alliance (PPA) respectively fielded Chief Onyema Ugochukwu and Chief Theodore Ahamefule Orji and their deputies as their candidates for the said election. It is worthy of note that nineteen other political parties sponsored candidates for the same election.

At the close of voting and particularly the day after, that is to say on the 15th day of April, 2007, one Mr. E. E. Enabor announced the results that the candidate of the PPA, Chief T. A. Orji, is returned as the elected Governor of Abia State by scoring 265,389 votes while the candidate of the PDP, Onyema Ugochukwu, came second with 136,858 votes. Chief Onyema Ugochukwu, one of the candidates for the Gubernatorial seat of Abia State and his prospective deputy to that office, Hon. Chinwendu Nwanganga, were dissatisfied with the results announced by the Independent National Electoral Commission (INEC) and filed two petitions similarly dated 11th May, 2007 but differently and respectively filed on 12th May, 2007 and 14th May, 2007. The two petitions earlier on referred to are numbers ABS/GOV/EPT/4/0/2007 filed by Chief Onyema Ugochukwu and Hon. Chinwendu Nwanganga and ABS/GOV/EPT/9/2007 filed by the Peoples Democratic Party. I have perused the contents of the two petitions and I found that they are almost similar in wording.

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I shall reproduce hereunder the averments in Petition No. ABS/GOV/EPT/4/2007 which I consider of particular moment in the petition filed by Chief Onyema Ugochukwu and Hon. Chinwendu Nwanganga. Thus paragraphs A1, 2, 3, 4, 5 and 6 as well as B1, 2 and 3 read: -“A. The petitioners are Onyema Ugochukwu and Hon. Chinwendu Nwanganga whose names are hereunder subscribed: –

(a) Your petitioners Onyema Ugochukwu and Hon. Chinwendu Nwanganga state that they are candidates at the above named election and claim to have had a right to be returned at the above election and your petitioners state that they were the persons who were duly elected in that election for the office of the Governor and Deputy Governor respectively for Abia State of Nigeria in that Governorship General election held in Abia State on Saturday, 14th April, 2007 when the candidates and their parties were as follows: –

  1. DR. EPHRAIM IROAKAZI AA.
  2. HON IHANACHO OBIOMA AC.
  3. CHIEF UCHE IHEDIGBO ADC
  4. EMENIKE IKECHI ANPP
  5. UZODINMA CHIMEREZE, OKPARA APGA
  6. CHIEF BARR. NNAMDI UCHENDU APS
  7. NAC ANTHONY NWAIHU BNPPP
  8. CHIEF SAMUEL CHUKWUMA EKE CPP
  9. UGWU CHRIS CHIBUZO DPP
  10. OBIOMA ONYEAGHALA FRESH
  11. CHUKWU NWACHUKWU. LABOUR PARTY
  12. CHRIBTIAN U. WOGU NAP
  13. NAVY CAPT. JERRY O. OGONNA NPC
  14. KINGSLEY ONYEKWERE ULUOCHA NDP
  15. ONYEMA UGOCHUKWU PDP
  16. ORJI THODORE AHAEFULE PPA
  17. CHUKWU BENEDICT AGOH RPN

(b)Each of the petitioners is a registered voter and they each member (sic) of the Peoples Democratic Party (PDP). They are each duly nominated and sponsored for that election by the PDP whose candidates they were for the election. They are each resident in Umule Ohuhu, Umuahia North Local Government Area and Umuagara. Ihie Village, Ihie Iyi Autonomous Community, Ugunagbo Local Government Area Abia State respectively.

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(c) The 1st petitioner was a Senior Special Assistant to the President of the Federal Republic of Nigeria and was also the Executive Chairman Niger Delta Development Commission (NDDC). He duly resigned from office to contest the election.

The 2nd petitioner was once the Chairman of the Ugwunagbo Local Government Council of Abia State.

2(a) The 1st respondent was put forward by PPA as its candidate for the office of Governor of Abia State in that election while the 2nd respondent was put forward by the same party as its candidate for the office of Deputy Governor. Before the election, they were in the public service of Abia State.

(b) The 2nd respondent was at all material times a Civil Commissioner in the Executive Council of Government of Abia State.

(c) The 3rd respondent is a political party registered in Nigeria.

3 (a) The 4th respondent is a body corporate established by statute to organize and to conduct general elections in Nigeria including that election for the office of Governor held in Abia State on Saturday 14th April, 2007.

(b) The 5th respondent is the Resident Electoral Commissioner for Abia State and he supervised the election in Abia State for the 4th Respondent. He is the appropriate Returning Officer specified by the statute for that Governorship election in Abia State.

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