Dr. Imoro Kubor & Anor V. Hon. Seriake Henry Dickson & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This appeal is against the judgment of the Court of Appeal Holden at Port Harcourt in appeal no. CA/PH/EPT/10/2012 delivered on the 31st day of August, 2012 in which the court affirmed the decision of the Bayelsa State Governorship Election Petition Tribunal, Holden at Yenagoa in petition no. EPT/BYS/GOV/01/2012, delivered on the 11th July, 2012.

On the 1st day of March, 2012 the appellants presented a petition before the Governorship Election Tribunal, Holden at Yenagoa, against the respondents in which they claimed the following reliefs in paragraph 9 thereof.-

“(a) Your petitioners pray for a declaration of the Honourable Tribunal that the 1st respondent was not qualified to contest the election into the Office of Governor of Bayelsa State conducted by the 3rd respondent on the 11th February, 2012, and accordingly, the return of 1st respondent as the elected Governor of Bayelsa State at the said election is null and void.

(b) A declaration that the 1st petitioner is the qualified candidate who scored the majority of lawful votes at the election into the Office of Governor of Bayelsa State conducted by the 3rd respondent on 11th February, 2012, and accordingly the 1st petitioner is entitled to and should be returned as the duly elected Governor of Bayelsa State in the said Bayelsa State Governorship Election held on 11th February, 2012.

(c) In the alternative of relief (b), an order nullifying the election into the Office of Governor of Bayelsa State conducted by the 3rd respondent on 11th February, 2012, and directing the 3rd respondent to conduct a fresh election for the said office.”

The grounds for the petition are stated in paragraph 6 of the petition as follows:-

“(a) That the 1st respondent was not qualified to contest the election into the Office of Governor of Bayelsa State conducted by the 3rd respondent on 11th February, 2012, and accordingly was not duly returned as the winner of the said election.

(b) That the 1st respondent scored the majority of lawful votes cast at the said election into the Office of Governor of Bayelsa State conducted by the 3rd respondent on 11th February, 2012”.

In the final address of the petitioner, learned counsel for the petitioner jettisoned relief no. (b) by urging on the Tribunal thus:-

“We urge the tribunal to grant the reliefs set out in paragraphs 9(a) and 9(c) of the petitioner.”

In paragraph 7 of the petition, the petitioners listed what they considered to be the facts in support of the grounds upon which the election of the 1st respondent is being questioned as follows:-

“a. Your petitioners State that the 1st petitioner was the candidate and contested the above election into the Office of Governor of Bayelsa State on the platform of the 2nd petitioner, having been duly nominated, screened, and cleared for the said election in accordance with the provisions of the Electoral Act, 2012 as amended and the Regulations and Guidelines issued by the 3rd respondent for the conduct of the said election. Your 1st petitioner is also a registered voter in Ward 16, Southern Ijaw Local Government Area of Bayelsa State and was qualified to vote and be voted for in the said election. The Certificate of Return issued to the 1st petitioner by the 2nd petitioner for the said election is hereby pleaded.

b. Your petitioners plead that Chief Timipre Sylva, the immediate past Governor of Bayelsa State had sued the 2nd and 3rd respondents before the Federal High Court Abuja in Suit NO. FHC/ABJ/CS/931/2011 contending that he is the person qualified to contest under the platform of the 2nd respondent in the election into the Office of Governor of Bayelsa State to be conducted by 3rd respondent to fill the said office at the expiration of the 2007/2011 Tenure of Office of Governor Timipre Sylva.