Dr. (Sir) Uche Ezeliora & Anor V. Tony One Week Muonagor & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment)

This is an appeal against the Ruling delivered on 19/9/2011 by the National and State Houses of Assembly Election Tribunal, Awka Anambra State, (hereafter simply referred to as “the Tribunal”) dismissing Petition No. EPT/AN/HA/45/2011: as an abandoned Petition. This was sequel to the finding by the Tribunal that the Petitioners’ motion on notice by which they prayed the Tribunal for the issuance of pre-hearing notice lacked merit.

The Appellants as Petitioners instituted Petition No. EPT/AN/HA/45/2011 (hereafter simply referred to as “the Petition”) on 17/5/2011 before the Tribunal challenging the declaration and return of the 1st Respondent as the winner of the Anambra State House of Assembly election for Idemili North Constituency held on 26/4/2011. The 1st Appellant contested the questioned election on the platform of the 2nd Appellant; while the 1st Respondent contested the said election on the platform 2nd Respondent. The grounds of the Petition as set out in paragraph 6 thereof are: –

“i. The 1st Respondent who was returned as elected was not qualified to run as a candidate in the election in that he was not a registered voter.

ii. The 1st Respondent was wrongfully returned in that he did not score the majority of lawful votes cast in the election.

iii. The 1st Petitioner ought to have been returned as elected as he scored the majority of lawful votes cast in the election.

The reliefs sought by the Appellants as set out in paragraph 8 of the Petition read thus: –

“WHEREOF THE PETITIONERS CLAIM THAT IT BE DETERMINED AS FOLLOWS:

i. That the 1st Respondent did not score the majority of lawful votes cast in the election.

ii. That the return of the 1st Respondent be set aside.

iii. That the 1st Petitioner having polled the highest number of votes cast in the election be declared winner and returned as elected.

iv. That the 3rd Respondent be ordered to deliver to the 1st petitioner the Certificate of Return for the Idemili North Constituency of Anambra State House of Assembly.

ALTERNATIVELY

v. That it be declared that the election be nullified in that the 1st Respondent who was returned as the winner was not qualified to run as a candidate in the election.”