Dr. Wakil Chibok (People Democratic Party) V. Peter Biye Gumtha & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the interlocutory decision of the National and State Houses of Assembly Election Tribunal for Borno State (herein referred to as the “tribunal”, sitting in Abuja in Petition No. BO/EPT/NA/HR/1/2011 delivered on the 7th day of October, 2011.

The brief facts of the case are that the 1st Appellant was sponsored by the 2nd Appellant and contested in the election to the House of Representatives for Chibok/Damboa/Gwoza Federal Constituency held on the 9th day of April, 2011.

The 1st Respondent was candidate of the 2nd respondent in the said election and was declared and returned as winner of the election by the 3rd Respondent who conducted the election.

Dissatisfied with the result of the election, the Appellants on the 29th day of April, 2011 filed a Petition challenging the result of the election and seeking the relief set out in the Petition.

The 1st and 3rd Respondent filed their reply to the Petition on 20th May, 2011 while the 2nd Respondent filed his reply to the Petition on 1st June, 2011. The Appellants, who were served the 2nd Respondent’s reply to the petition on 2nd June, filed a Petitioner’s reply thereto on 8th June, 2011.

The 1st and 3rd Respondent filed their reply to the Petition on 20h May, 2011, while the 2nd respondent filed his reply to the Petition on 1st June, 2011. The appellants who were served the 2nd Respondent’s reply to the petition on 2nd June, 2011, filed a Petitioner’s reply thereto on 8th June, 2011.

On 15th June, 2011 the Appellants applied to the Tribunal for the issuance of pre-hearing notices as in forms TF007 and TF008. This application was served on all the Respondents on 16th June, 2011.

The Tribunal issued and served on all the parties Forms TF 007 and TF 008 and slated the pre-hearing session for 30th June, 2011. The 1st Respondent filed his answers to TF 008 on 23rd June, 2011.

However, security concerns in Maiduguri at that time forced the Tribunal on 22nd June, 2011 to adjourn sitting sine die before the pre-hearing session could commence. The Tribunal reconvened and recommenced hearing in Abuja on 5th August, 2011.

On 6th July, 2011 the 1st Respondent filed a motion in the Tribunal challenging the competence or otherwise of the reply of 8th June, 2011, the application of 15th June, 2011 and Forms TF 007 and TF 008. The 2nd Respondent filed a motion on 8th August, 2011 challenging the competence or otherwise of the application of 15th June, 2011, and Forms TF 007 and TF 008, while the Appellants filed a motion on 9th August, 2011 to amend the application of 15th June, 2011.

The three motions above were all contested, and the Tribunal heard arguments on the motions on 18th August, 2011, and reserved ruling on the three motions for 7th September, 2011 but ruling was eventually delivered in the three motions on 12th September, 2011.

In his ruling on the Respondents motions of 6th July, 2011 and 8th August, 2011 respectively, the Tribunal refused both motions waiver as grounds of refusal. While in his ruling on the Appellants’ motion of 9th August, 2011 the Tribunal Chairman categorically stated that the Respondents had by their actions waived their rights to complain on any perceived irregularities in the proceedings. Thereafter the Chairman of the Tribunal adjourned the petition for pre-hearing.

On 23rd September, 2011 the 1st Respondent filed a Notice of Appeal against the ruling of 12th September, 2011.