Chijoke Nwakodo V. Hon. Stanley Ohajuruka & Ors. (2008)

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TIJJANI ABDULLAHI, J.C.A.

This is an appeal against the judgment of the Abia State Governorship and Legislative Houses Election Petition Tribunal sitting at Umuahia, the State Capital delivered on the 7th day of February, 2008 which upheld the return of the 1st Respondent as the duly elected member of the House of Representatives for the Ikwuano/Umuahia Federal Constituency of Abia State in the National Assembly of the Federal Republic of Nigeria.

The facts of the case briefly stated are that: Elections into the National Assembly were conducted throughout the Federation on the 28th day of April, 2007. The Appellant was the candidate for the Peoples Democratic Party (PDP) in that election while the 1st Respondent was the candidate for the Progressive Peoples Alliance (PPA). The 3rd to 82nd Respondents are the Independent National Electoral Commission (INEC) and its officials who conducted that election.

At the end of the election, the first Respondent was returned as the person elected in the said election with 43,746 votes as against 36,566 votes scored by the Appellant. The Appellant not being satisfied with that return filed a petition in the said Election Tribunal on two substantive grounds and one alternative ground. The ground which sought to disqualify the 1st Respondent from contesting the election was struck out at the Preliminary Stage.

The Appellant in the course of proceedings secured leave of the Tribunal and filed an amended petition (See pages 645 to 714 of the record).

The petition needless to say was fought on one substantive ground which averred that the Petitioner scored the majority of lawful votes, and one alternative ground which averred substantial non-compliance in two Wards of the Constituency which claimed to have affected the result of the election (See page 649 of the record).

The Appellant sought two reliefs, firstly for his return as the winner of the election instead of the 1st Respondent and in the alternative that a fresh election be conducted in each of the Ahiaukwu II and Ariam Wards to determine the actual winner of the election.

The Appellant testified for himself and called four witnesses. The 1st and 2nd Respondents called four witnesses also and tendered documents which were received in evidence without objection. The 3rd to 83rd Respondents did not call any witness to testify on their behalf.

In their judgment, the Judges of the Tribunal held inter-alia thus:

“On the whole therefore we are unable to find that there is any reason to order a fresh election in Ahiaukwu and Ariam Wards to determine who between Petitioner and 1st Respondent won the election.

Consequently, we are satisfied that the petition lacks merit and it is accordingly dismissed. The return of 1st Respondent is hereby affirmed.”

Dissatisfied with the decision of the Tribunal, the Appellant approached this Court and filed a Notice of Appeal consisting of 16 grounds which are reproduced hereunder shorn of their particulars.

“GROUND ONE: ERROR IN LAW

The learned trial judges of the Tribunal erred in law when they held that the 1st and 2nd Respondent painstakingly denied each and every averment made by the Petitioner.