Egwuoyibo Okoye V. Independent National Electoral Commission (INEC) & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal is against the judgment delivered on delivered on 3rd June, 2008 by the National Assembly/Governorship and Legislative Houses Election Tribunal holden at Awka, Anambra State in PETITION NO. EPT/AN/SAE/85/07 – EGWUOYIBO OKOYE V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 3 ORS. The Petition was instituted by the Petitioner therein against the Respondents challenging the return of the 4th Respondent therein – Ikenna Amaechi. The National Assembly/Governorship and Legislative Houses Tribunal Awka, Anambra State (hereinafter to be simply referred to as “the Tribunal”) in its judgment dismissed the Petition of the Petitioner.

The facts of this matter put briefly are that the Petitioner (who will hereinafter be referred to as “the Appellant”) claimed to be the nominated candidate of the Peoples Democratic Party (i.e. PDP) for the Anambra State House of Assembly, Nnewi South Local Government Area Constituency II, election held on 14/4/2007 and which was rescheduled for 28/4/2007. The Appellant claimed that his name along with those of other PDP candidates was forwarded to INEC i.e. the 1st Respondent as the candidate for the election. He not only claimed that he was thereafter invited for verification and screening exercise held in January, 2007 but also that he was cleared and issued with INEC Form 4 B(iii) and equally listed as number 23 in the list of duly nominated candidates of PDP for the said election. The Appellant disclosed that Suit No: FHC/EN/CS/80/07 in which he was the 2nd Plaintiff was instituted to challenge the decision of the PDP and INEC to effect his proposed substitution following attempt by some group of people to jettison the duly constituted list of candidates of PDP for the election. The Appellant claimed that in the judgment of the Court delivered on 27/4/2007 it was directed that he should contest the election being questioned in the instant appeal. The judgment was tendered and marked as Exhibit P7 at the trial before the Tribunal. The Appellant claimed that he therefore contested the election by virtue of the judgment but that rather than declare him the winner of the votes cast for the PDP, the 1st Respondent – INEC returned the 4th

Respondent who was not the legitimate candidate of the PDP as his purported substitution had been declared null and void by the Federal High Court Enugu in Suit No: FHC/EN/CS/80/07.

The grounds of the Petition as set out therein are: –

“(i) The 4th Respondent at the time of the questioned election was not qualified to contest the election.

The Petitioner also brings this petition on the ground that the purported return of the 4th Respondent as the winner of the repeat election for Nnewi South 2 State Constituency, Nnewi South LGA Anambra State held on 28/4/2007 was invalid and unlawful by reason of non-compliance with and violation of the provisions of Section 34(1) & (2) of the Electoral Act, 2006 and Sections 36 & 287(3) of the 1999 Constitution”.

As earlier stated the Tribunal dismissed the Appellant’s Petition in its judgment. The judgment of the Tribunal is at pages 1252 – 1284 of the Records of Appeal. In dismissing the Petition, the Tribunal held at page 1283 of the Records of Appeal thus: –

” that 4th Respondent was the candidate that contested the election and that he was rightly returned or declared the winner of the election.”

The Appellant being dissatisfied with the judgment of the Tribunal lodged an appeal against the same by a Notice of Appeal dated 12/6/2008 and filed on the same date. The Notice of Appeal contains six grounds of appeal. The said grounds shorn of their respective particulars read thus: –

Grounds of Appeal

(1) The tribunal erred in law in contradicting itself in its judgment by holding to the contrary of its earlier interlocutory decision that the appellant was the only valid candidate of the Peoples Democratic Party, that the 4th respondent was the person who contested the election on the platform of PDP and basing its judgment on that contradiction.

(2) The decision of the tribunal that the appellant was not the candidate of the PDP at the said election is null and void for purporting to overrule an existing judgment of this court on the same subject matter which confirmed the decision of the Federal High Court in suit (sic) No. FHC/EN/CS/80/2007 that the appellant was the candidate of PDP and not the 4th respondent whom the tribunal held was the PDP candidate.

(3) The tribunal erred in law in aiding a contemnor of the order of a court of competent jurisdiction to reap the benefit of his contempt by its judgment.