Electoral Commission (INEC) & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STANLEY SHENKO ALAGOA, OFR, J.C.A(Delivering the Leading Judgment)

This appeal was dismissed on the 6th of December, 2011 and reasons for dismissing the appeal were reserved until today, pursuant to S. 285(8) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). I now give my reasons.

This is an appeal against the judgment of the National and State Houses of Assembly Election Petition Tribunal Ogun State Holden at Abeokuta in Petition No. EPT/OG/FH/02/11 delivered on the 10th October 2011, CORAM Honourable Justice Elizabeth A. Karatu (Chairman), Honourable Justice N. Obi (Member) and Hon. Justice Adekanye L. Ogunmoye (Member). In the said election held on the 9th April, 2011 for the Abeokuta Central Federal Constituency seat into the House of Representatives which was conducted by the 1st Respondent Independent National Electoral Commission (INEC), the 2nd Respondent William Samuel who was sponsored by the 3rd Respondent Action Congress of Nigeria was declared winner.

Dissatisfied with this result declared by the 1st Respondent, the Petitioner who are respectively the Peoples Democratic Party (PDP) and its candidate Hon. Dimeji Bankole filed a joint petition dated the 29th April, 2011 challenging the return of the 2nd Respondent William Samuel by the 1st Respondent. The Peoples Party of Nigeria (PPN) and its candidate Ogundimu Afolabi earlier joined as Respondents were later struck out as not being necessary parties to the petition. The Petition as reproduced from page 6 of the Record is as follows –

PETITION

A. The petition of Peoples Democratic Party of Onikolobo Abeokuta Ogun State whose names are subscribed.

B. Your petitioner is a registered political party at the above mentioned election and claims the rights to have its candidate at the said election returned and to be returned having pulled the majority of lawful votes cast or the election nullified upon the grounds stated herein.

C. The 1st Respondent is the institution assigned the responsibility to register political parties and to conduct general elections to offices of President of the Federal Republic of Nigeria, Governor of a State, Senator, and member of the House of Representatives of the Federal Republic of Nigeria and of the Houses of Assembly of the States.

D. The 2nd Respondent was the candidate of the 3rd Respondent (a political party) at the said election who was declared elected and returned as the winner of the election.

E. The 4th Respondent was the candidate of the 5th Respondent (a political party) at the said election.

F. Your Petitioner states that the election was held on the 9th April, 2011 when the persons named below were candidates of their respective political parties and according to the Declaration of results of the said election published by the 1st Respondent, scored the number of votes set opposite their names as follows:

1. Williams Samuel (AC) … 28, 490 votes;
2. Hon. Dimeji Bankole (PDP)…23, 103 votes;
3. Ogundimu Afolabi (PPN) … 3, 924 votes.

G. Mr. Williams Samuel was on the basis of the above stated scores declared winner of the elections and returned as elected.

H. And your petitioner states that the facts and grounds of this petition are as follows:

1. The 2nd Respondent did not win a majority of the lawful votes cast at the election and was not duly elected or returned.
2. Non-compliance with the provisions of the Electoral Act 2010 as amended.

The reliefs sought in this petition are as follows –