Dr. (Mrs.) Idayat Adebukola Adebusuyi V. The Independent National Electoral Commission (Inec) & Ors. (2009)

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CLARA BATA OGUNBIYI, J. C. A.

This is an appeal against the decision of the Governorship and Legislative Houses Election Petition Tribunal which dismissed the appellant’s petition against the declaration of the 3rd Respondent as the winner of the election held on 21st April, 2007 for the Federal House of Representatives for the Ibadan South West/Ibadan North West Federal Constituency.

Briefly, the petitioner’s case was that she was the candidate of the Action Congress Political Party for the Ibadan South West/Ibadan North West Federal Constituency of the Federal House of Representatives at the election conducted by the 1st, 2nd, 4th and 5th Respondents on 21st April, 2007 while the 3rd Respondent was the candidate of the People’s Democratic Party and was declared the winner of the election. The appellant challenged the result of the election at the Oyo State Governorship and Legislative Houses Election Petition Tribunal on the following grounds:

“A. Corrupt practices and non-compliance with the Electoral Act 2006.

B. That the 3rd Respondent was not duly elected by majority of lawful votes cast at the election.”

At page 4 of the record of appeal, paragraph 10 of the petition reproduced sets out the Grounds upon which it is predicated as follows:-

“10. Your petitioner avers that the grounds upon which this petition are based are as follows:

A. CORRUPT PRACTICES AND NON-COMPLIANCE WITH THE ELECTORAL ACT 2006

Your Petitioner avers that the National Assembly Elections of 21st April 2007 was marred by corrupt practices and noncompliance with the Electoral Act 2006 as the actions were marred by failure of the 1st and 2nd Respondents to follow elections procedures correctly, incident of hijacking of ballot boxes, undue influence and intimidation of voters, stuffing of ballot boxes and alteration of official results forms.

B. THAT THE 3RD RESPONDENT WAS NOT DULY ELECTED BY MAJORITY OF LAWFUL VOTES CAST AT THE ELECTION

Your Petitioner avers that with respect to this ground that the result of the National Assembly Elections held on the 21st April, 2007 was fraught with fraud and falsification of result. The Petitioner will lead evidence to prove that figures were merely allocated to favour the 3rd Respondent. The Petitioner will rely on all the Voters Registers in the 2 local government areas, in all the wards and in all the polling units that makes up Ibadan South West/North West Federal Constituency of Oyo State of Nigeria.”

The petitioner filed her petition of 12 paragraphs and attached list of witnesses, list of Exhibits and deposition of witnesses, (see pages 1-34 of the record of appeal), called 8 witnesses and tendered 34 exhibits. The Petitioner also filed an 8 paragraph reply to the reply of the 1st, 2nd, 4th and 5th Respondents’ reply to the petition (see pages 144-157 of the record of Appeal) and. a 7 paragraph reply to the 3rd Respondent’s Reply to the petition (evidence also at pages 101-106 of the same record of Appeal).

In summary, the petitioner’s case on the one hand was that:

“(i) The guidelines and materials for the conduct of the 2 local governments that make up the Federal Constituency were exactly the same.