Dr. Christopher Ogbonnaya Onu & Anor V. Chief Martin Elechi Nwancho & Ors (2008)

LawGlobal-Hub Lead Judgment Report

ADAMU JAURO, J.C.A.

The gubernatorial elections were conducted nationwide, Ebonyi State inclusive by the Independent National Electoral Commission (INEC) on Saturday, the 14th day of April, 2007. The 1st Appellant contested the said election for the Governorship of Ebonyi State, under the platform of the 2nd Appellant, All Nigeria Peoples Party (ANPP). The 1st respondent on the other hand, vied for the same office under the platform of the 2nd respondent, Peoples Democratic Party (PDP). The Independent National Electoral Commission (hereinafter simply referred to as “INEC”) the 3rd respondent and its agents who are the remaining other respondents namely 4th to 3714th respondents, conducted the said election. The 1st appellant and the 1st respondent contested the said election along with 13 other candidates fielded by other political parties that participated in the said election.

Upon the conclusion of the election, the 1st respondent was declared and returned as the winner of the election with 560,444 votes by the 4th respondent. The 1st appellant scored total of 28,579 votes. The result of the election as declared by the 4th respondent as contained in paragraph 8 of the petition is as follows:

“1. ANTHONY AKAM OKA (APGA) 1,868

2. EMEKA NWANKWO (NDP) 751
3. CHRISTOPHER OGBONNAYA ONU (ANPP) 28,579
4. HENRY CHIMA UDEH (PPA) 3,186
5. BASI AKPA OBASI (AC) 2,728
6. ULYSSES KALU IBIAM (DPP) 1,069
7. EREKE FELIX NWEKE (RPN) 534
8. ESTHER NWODO AGBO (PRP) 283
9. MOSES UMBA (FRESH) 440
10. CHARLES OKWURU (MRDD) 1,279
11. OBASI GODWIN OGBA (ADC) 2,287
12. INNOCENT O.C. OGBOJI (PAC) 1,767
13. MARTIN ELECHI NWANCHO (PDP) 560,444
14. NWACHUKWU SUNDAY (BNPP) 352
15. CHRISANTHUS CHUKWUMA (NNPP) Nil.”

Aggrieved and distressed by the declaration and return of the 1st respondent as Governor of Ebonyi State, the appellants as petitioners filed in their petition dated 9th May, 2007 on 12th May, 2007 at the Governorship and Legislative Houses Election Tribunal for Ebonyi State, sitting at Abakaliki. The grounds upon which the petition was anchored as contained in paragraph 9 of the petition on page 80 of Volume 1 of the records is as follows:-

“The ground upon which this petition is brought is that the governorship election held in Ebonyi State on the 14th April was invalidated in all parts of the State except in:

a. Afikpo North LGA; in Uwana Ward I, Polling Units 004, 005, 007; in Uwana ward II, Polling Units 004; in Nkpoghoro ward, Polling Units 001, 003, 005, 006, 008, 009, 010, 011, 012, and 013; in Ohaisu ward-A, Polling Units 001, 002, 003, 004 005, 007, 008; in Ohaisu ward-B, Polling Units 001, 002, 003, 006, 007, 008, 009; in Ugwuegwu ward, Polling Units 003, 006, 007, 008, 009, 011, 012; in Amasiri ward-A, Polling Unit 001; in Amasiri ward-B, Polling Units 001, 003, 006, 008, 010.

b. Abakaliki LGA; in Abakpa ward, Polling Units 001, 002, 004, 005, 006, 007, 008; in Timber Shed ward, Polling Units 001, 002, 003, 004, 006, 007, 008, 009, 010; in Azuiyiudene ward, Polling Units 001, 002, 003, 004, 005, 006, 007, 008, 010, 011, 012, 013; in Azuiyiokwu ward, Polling Units 001, 002, 003,004,005,006,007,009,010; in Ndiagu ward, Polling Units 002, 003, 004, 005, 006, 007, 008 009, 010, 011, 0112, 013, 015, 016; in Azumini Azugwu ward, Polling Units 006, 008

c. Ebonyin LGA; in Urban New Layout ward, Polling Units, 001, 002, 003, 004, 007, 009; in Kpirikpiri Ward, Polling Units 001,002,003,004,005,007, 008; in Abakpa ward, Polling Units 001, 002, 005, 006,009.

d. Ivo LGA; in Amaeze ward, Polling Units 001,004, 005,008; in Amonye ward, Polling Units 001, 002, 003, 004, 005, 006, 008; in Amagu ward, Polling Units 005, 006, 007, 008; in Obinagu ward, Polling Units 001,002,003,004,007, 008; in Ndiokoroukwu ward, Polling Units 001,007; in Ngwogwo ward, Polling Units 003, 004, 005, 006

e. Onicha LGA; in Ishinkwo Ukawu ward, Polling Units 001, 004, 005, 007, 008, 009, 010

f. Ezza North LGA; in Inyere ward, Polling Units 001,002,004,005 by reason of:

a. corrupt practices, and

b. non-compliance with the provisions of the Electoral Act 2006