Chukwuma Odii Ifeanyi v. Independent National Electoral Commission (INEC) (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JUMMAI HANNATU SANKEY, JCA (Delivering the leading judgment)

This appeal is against the judgment of the Ebonyi State Governorship Election Petitions Tribunal delivered on 27th September, 2023, Coram: A. L. Ogunnioye, J., (Chairman), H.S. Tahir, Khadi (Member I) and J. S. Suleiman J. (Memher II). Therein, the tribunal after hearing the parties, dismissed the petition on the merit.

A narration of the facts leading to the appeal are concisely set out as follows: The 1st appellant and 2nd respondent, sponsored by the 2nd appellant and 3rd respondents respectively, were candidates of their respective parties that contested for election into the office of Governor of Ebonyi State at the general election held on 18th March, 2023.

At the close of polls, the 1st respondent declared and returned the 2nd respondent as winner of the election. Riled by this, the appellants filed a petition on 7th April, 2023 before the lower tribunal challenging the declaration and return of the 2nd respondent by the 1st respondent. At the close of trial, the tribunal dismissed the appellants’ petition. Dissatisfied with the decision of the tribunal, the appellants lodged the instant appeal vide a notice of appeal filed on 10th 0ctober, 2023, wherein they complained on 40 grounds.

At the hearing of the appeal on 9th November, 2023, learned senior counsel for the appellants, Chief Chris Uche, SAN, adopted the appellants’ brief of argument filed on 23-10-2023 and the appellants’ series of reply briefs of argument filed on 28-10-2023, 28-10-2023 and 31-10-2023 respectively, all four briefs of argument settled by Gordy Uche, SAN, in urging court to allow the appeal.

Likewise, learned senior counsel for the 1st respondent, Oladipo Tolani, SAN, adopted the 1st respondent’s brief of argument filed on 27-10-2023 and settled by Baba Oala Fika Esq., in urging the court to dismiss the appeal.

In like manner, learned senior counsel for the 2nd respondent, Dr Onyechi Ikpeazu, SAN, adopted the 2nd respondent’s brief of argument filed on 27-10-2023 and settled by the same counsel, in urging the court to dismiss the appeal.

Finally, learned senior counsel for the 3rd respondent, Kehinde Ogunwumiju, SAN, adopted the 3rd respondent’s brief of argument filed on 27-10-2023 and settled by the same counsel, in urging the court to dismiss the appeal.

Learned senior counsel for the appellants in his brief of argument, submitted the following issues for determination:

1. “Whether the tribunal was right when it declined jurisdiction to entertain and determine ground 1 of the appellants’ petition relating to the qualification of the 2nd respondent under section 177(C) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and held that the said ground is not justiciable and is rooted in the nomination and sponsorship of the 2nd respondent by the 3rd respondent, membership of a political party, concerns the Internal affairs of the a political party and amounted to a pre-election dispute? (Grounds 1, 2, 3, 4)

2. Whether the tribunal was right in its evaluation of the evidence led at the trial and in holding that the 2nd respondent was qualified to contest the election despite being a member of the 2nd appellant at all times material to the election and not having been sponsored by the 2nd appellant in breach of section 177 (C) of the Constitution of the Federal Republic of Nigeria, 1999 as amended? (Grounds 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, 39, and 40)

3. Whether the tribunal was right when it overruled the objections of the appellants to the admissibility of exhibits R7 (votes and proceedings of Ebonyi State House of Assembly), R8 (Membership register of the 3rd respondent – Enyanwulgwa ward); R9 (affidavit of facts deposed to by the 2nd respondent); R10 (3rd respondent membership form for the 2nd respondent); R11 – R362 (statement and summary of results) and placed reliance on exhibit R8 (Register of Member of the 3rd respondent) and expunged from the records the appellants’ exhibits P403, P409 (1) – (12), P410, in the resolution of the issue of the qualification of the 2nd respondent. (Grounds 8, 9, 22 and 34)

4. Whether the tribunal was right when it dismissed the appellants’ allegations of non-compliance with the provisions of the Electoral Act 2022, affirmed the result of the Ebonyi State Governorship election held on the 18th day of March, 2023 and dismissed the appellants petition? Grounds 26, 27, 28, 29, 30, 31, 32, 33, 37 and 38)

5. Whether the tribunal was right in its ruling on the applications of the 2nd and 3rd respondents, it struck out paragraphs 2, 3, 4, 5, 6, 9, 14, 15, 16, 17, 19, 20, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39, 40 and 41 of the appellants replies to the 2nd and 3rd respondents replies to the petition as raising new issues of facts or a rehash of facts already pleaded? (Grounds 35 and 36)”