Dr. Sandy Onor & Anor V. Rt. Hon. John N. Owan Enor & Ors (2015)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)
This appeal is against the ruling/decision of the National and State House of Assembly Election Petition Tribunal sitting in Calabar Cross River State delivered on the 12th day of August, 2015 by their lordships Hon. Justice C. D. Awubra (Chairman), Hon. Justice O. A. Adeniyi (Member I) and Hon. Justice J. U. Oyomire (Member II).
The 1st Appellant in this appeal had on the platform of the Labour Party (LP) (hereinafter called the 2nd Appellant) contested the election for Senate representing Cross River Central Senatorial District that was held on the 28th day of March, 2015.
After the conclusion of the said election, the 2nd Respondent declared and returned the 1st Respondent as the winner of the said election, having scored a total of 136,948 votes as against 35,702 votes scored by the 1st Appellant.
Dissatisfied with the declaration of the 1st Respondent as the winner of the election in dispute, the Appellants filed a petition at the lower tribunal, where in they sought for the following reliefs:
“1. A declaration that the election into the National Assembly for Cross River State Central Senatorial District of
1 28th March, 2015 was invalid by corrupt reasons of practices and/or non-compliance with the Electoral Act, 2010 as amended.?
2.?A declaration that the 1st Respondent was not duly elected by majority of lawful votes cast at the election into the National Assembly for Cross River State Central Senatorial District of 28th March, 2015.
- An order for the cancellation of the election into the National Assembly for Cross River State Central Senatorial District of 28th March, 2015.
- AN ORDER directing the 2nd and 3rd Respondents to conduct a fresh election into the National Assembly for Cross River State Central Senatorial District of 28th March, 2015”.
The grounds of the petition are as follows:
“(1) That the election into the National Assembly for Cross River State Central Senatorial District was invalid by reason of corrupt practices and/or non-compliance with the provisions of the Electoral Act, 2010 as amended.
(2) That the 1st Respondent was not duly erected by a majority of lawful votes cast in the election to the Senate of the National Assembly held in Cross River State Central Senatorial District on 28th March, 2015.
?(3) That the 1st respondent was at the time
2 of the election held on 28th March, 2015 not qualified to contest the election for the Senate of the National Assembly”
On 24/7/2015, the 1st respondent filed a motion on notice praying for leave to bring an application outside the pre-hearing session and an order dismissing the petition for the failure of the petitioners to apply for the issuance of pre-hearing notice within the time prescribed by the Electoral Act.
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