Dr. Chris Nwabueze Ngige V. Professor Dora Nkem Akunyili & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJUMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

The above stated appeals were lodged by the 1st Respondent in Petition No.EPT/AN/NAE/SE/26/2011 – Dr. Chris Ngige, against the Rulings delivered by the National and State Houses of Assembly Election Tribunal, Awka Anambra State (hereafter simply referred to as “the Tribunal”), on 4/10/2011 and 7/10/2011 respectively, in the aforementioned Petition No.E PT/AN/NAE/SE/26/2011 .

The three appeals were entertained on 30/11/2011 and these judgments are in relation to each of the said appeals.

APPEAL NO.CA/E/EPT/39/2011:

The 1st and 2nd Respondents as Petitioners instituted Petition No.EPT/AN/NAE/SE/26/2011 (hereafter simply referred to as “the Petition”) on 17/5/2011 before the Tribunal challenging the declaration and return of the 1st Respondent (hereafter to be simply referred to as “the Appellant”) as the winner of the election to the Senate of the Federal Republic of Nigeria for Anambra Central Senatorial District held on 9/4/2011 with a re-run into some Wards and Polling Units held on 26/4/2011. The 1st Respondent contested the questioned election on the platform of the 2nd Respondent; while the Appellant contested the said election on the platform of the Action Congress of Nigeria. The grounds of the Petition (in which the 1st and 2nd Respondents are the Petitioners) as set out in paragraph 7 thereof are: –

“(a) That the 1st Respondent was not duly elected by majority of lawful votes cast at the election.

(b) That the election was invalid by reason of non-compliance with the provisions of the Electoral Act and the manual made thereunder.”

The prayers in the Petition as set out therein read thus: –

(i) That it be declared that upon a proper computation of the lawful votes cast at the election the subject matter of this Petition, the return of the 1st Respondent as the winner of the Election to the Senate held on the 9th April 2011 with a rerun election in some Wards and Polling Units on 26th April 2011 for Anambra Central Senatorial District is null and void in that the 1st Respondent was not elected by majority of lawful votes cast at the election.

(ii) That the return of the 1st Respondent as the winner of the said election be set aside.

(iii) That it be declared that the Petitioners scored the highest number of valid votes cast at the questioned election and that the 1st Petitioner ought to have been returned as the winner of the election.

(iv) That the 1st Petitioner be returned as having been duly elected by majority of lawful votes cast at the Election to the Senate held on the 9tt April 2011 with a rerun election in some Wards and Polling Units on 26th April 2011 for Anambra Central Senatorial District.”

The 1st and 2nd Respondents as Petitioners pray in the ALTERNATIVE that: –

“2.