Chima Anozie V. Dr. Ken Obichere & Ors (2005)

LawGlobal-Hub Lead Judgment Report

DONGBAN-MENSEM, J.C.A.

The appellant had contested the 2003 election for the seat of a member of the Imo State House of Assembly representing Owerri North Constituency. He was fielded in under the platform of the All Nigerian People’s Party. The 1st respondent was the direct opponent of the appellant in the said election. The 1st respondent was sponsored by the Peoples Democratic Party.

At the conclusion of the election process, the 1st respondent was returned elected. The appellant felt aggrieved and filed a petition before the Governorship and Legislative Houses Election Tribunal holden at Owerri, Imo State.

In a judgment pronounced on the 12th day of July, 2004, the tribunal dismissed the petition.

The appellant seeks a reversal of the decision of the tribunal and urges this court to either:

“(a) Direct that a fresh election be held in this constituency because the entire process was tainted with malpractices of inflation of votes, disruption of the election in a sizeable part of the constituency at the instances of the 1st respondent and the intimidation of the appellant and his supporters;

or

Declare the appellant elected having scored the majority of lawful votes cast at the election on a proper computation of the result of the election as demonstrated by the undisputed booth results in the areas where election took place as shown at page 9 of the records of appeal.

Two issues were formulated for determination from the four grounds of appeal filed.

The two issues formulated by the appellant are the same with those formulated by the two sets of respondents. We shall determine the appeal upon the appellant’s issues.

Issue One:

“Whether the lower tribunal was not wrong when it held that the evidence adduced before it was insufficient to prove malpractices or corrupt practices of vitiating the election?”

The appellant relies upon an alleged admission by the 1st respondent, under cross-examination, that the result of the election was inflated in his favour.

In addition to the clear admission of the 1st respondent, submits the learned counsel, the appellant also established his case by the adduction of evidence which stood unchallenged and uncontroverted. Evidence of inflation was adduced in seven wards as detailed out anon: