Dr. Christopher Akpan Enoch V. Hon. Dan Akpan & Ors.(2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The Independent National Electoral Commission (hereinafter referred to as “The 3rd Respondent”) conducted elections into the Etinan/Nsit Ubium/Nsit Ibom Federal Constituency on the 9th day of April, 2011. Dr. Christopher Akpan Enoch (hereinafter known as “the petitioner”) contested the election on the platform of the Action Congress of Nigeria while Honorable Dan Akpan (hereinafter called the “1st” Respondent”) was fielded by the People Democratic Party (hereinafter called “the 2nd Respondent”) in this appeal.

One John Okon contested on the platform of the All Progressive Grand Alliance (APGA). At the close of the polls the 3rd Respondent returned Hon. Dan Akpan of the Peoples Democratic Party as the duly elected member of the House of Representatives having polled 30,576 votes as against 19,831 votes polled by the petitioner of the Action Congress of Nigeria,. John Okon was credited with 3,052 votes. Being aggrieved Dr. Christopher Akpan Enoch presented a petition before the Tribunal sitting at Uyo in Akwa Ibom State on 30th day of April, 2011. The grounds upon which the petition was presented were as follows:

“20. The Petitioner therefore avers that the 1st Respondent was not duly elected as he did not score the majority of valid votes cast.”

GROUNDS UPON WHICH THE PETITION IS BROUGHT

The grounds upon which the petition is brought are:

“(a) That the General Election for the Etinan Federal Constituency conducted on 9th April, 2011 in 60 polling units was invalids by reason of corrupt practices.

(b) That the 1st Respondent (Hon. Dan Akpan) was not duly elected by majority of the valid votes cast at the General election of 9th April, 2011.

(c) The General election for the Etinan Federal Constituency conducted by the 3rd Respondent, on 9th April, 2011 was characterized by non-compliance with the provisions of the Electoral Act, 2010 (as amended). The facts relied upon are as stated in paragraphs 1-20 above.

PARTICULARS OF CORRUPT PRACTICES

1. The top members of the 2nd Respondent in connivance with the 1st Respondent who are serving officials of the Akwa Ibom State Government invaded the polling zones with thugs and armed security operatives to intimidate, harass the voters and the election officials and in some cases fired gunshots to enable them conduct illegal/massive thumb printing of ballot papers and induce the voters with money.
2. The agents of the 3rd Respondent knowing fully well that there were irregularities connived with agents of the 1st and 2nd Respondents to credit the 1st Respondent with unlawful votes, collated and announced same purporting same to be valid votes cast and returned the 1st Respondent as duly elected.”

RBLIEFS SOUGHT

The petitioner is praying for the following reliefs:

“(a) That it be determined that the 1st Respondent was not duly elected and did not score the lawful majority votes cast on the 9th April, 2011 Etinan Federal House of Representatives Constituency Election and ought not to have been returned by the 3rd Respondent.

(b) That it be determined that the votes allegedly scored or credited to the 1st Respondent in 25 polling units in Etinan Local Government Area, 34 polling units in Nsit Local Government Area and 2 polling units in Nsit Ibom Local Government Area as follows… Are invalid on ground of corrupt practices, fraud, illegal thumb printing of ballot papers, ballot stuffing and outright rigging.