Dumbiri Ephraim Uweh V. Independent National Electoral Commission [INEC] (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A.(Delivering the Leading Judgment)

The Appellant was nominated by the Peoples Democratic Party [PDP] to vie for election into the Delta State House of Assembly representing Ika North East Constituency, but his name was substituted with that of Hon. Sam Obi, and he filed an action challenging the said substitution at the Federal High Court, Abuja. He thereafter, filed an Election Petition against the Respondent only at the Delta State Governorship and Legislative Houses Election Tribunal, wherein he averred as follows:-

3. Your Petitioner states that he was the validly nominated candidate of PDP and relies on the Federal High Court, Abuja Judgment of Hon. Justice Abimbola Ogie in the case of Dumbiri Ephraim Uweh V. INEC, which Judgment is yet to be obtained from the Court despite the fact that applications have been made for same as can be seen from the Petitioner’s counsel letter dated 11th May, 2007 which is hereby pleaded and will be relied on in the trial of this Petition.
4. Your Petitioner states that he was sponsored by the PDP and relies on the witness statement of the Delta State Party Secretary of the PDP herein annexed as witness statement and the Judgment of the Federal High Court Abuja above mentioned.

10.That the result of the said elections were given adequate publicity in the print and electronic media all announcing the political party that won the election rather than the individuals.

11. That according to Delta Broadcasting Service, the following political parties scored the number of votes against their respective names for the House of Assembly in the Ika North East Constituency of Delta State.

AC 411

DPP 685

ANPP 164

PDP 68, 775

12. And your Petitioner states that the ground on which the Petitioner relies is that:-

He was validly nominated, validly contested and won the election .

13.WHEREOF, your Petitioner prays for the following reliefs:-

a. A Declaration that the Petitioner being the validly nominated candidate of the PDP be issued with a Certificate of Return for the Ika North East Constituency House of Assembly having scored the highest number of votes cast at the elections.

b. An Order that the Petitioner be declared validly elected and returned, his political party having polled the highest number of lawful votes cast at the election.

c. An Order that INEC issues the Petitioner a Certificate of Return, the Petitioner having been duly sponsored by a political party (PDP), having contested and won the elections for Ika North East Constituency House of Assembly General Elections.

The Respondent entered an “Appearance under Protest,” and filed a Reply incorporating a Notice of Preliminary Objection, as follows:-

1. The Respondent hereinafter will before or at the hearing of this Petition rely on the following preliminary objection namely:

“That the Petition is incompetent and/or that this Honourable Tribunal lacks the jurisdiction to entertain the Petition”.