Elemi Ele Ike V. Edogi Ekono Enang & Ors (1999)

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EKPE, J.C.A.

This is an appeal against the decision of the Local Government Election Tribunal of Cross River State sitting at Calabar, delivered on the 6th of February, 1999, in favour of the 1st respondent. The appellant was a candidate for the councillorship election for Imabana Ward II of Abi Local Government Area of Cross River State on the ticket of All Peoples Party (A.P.P.), while the 1st respondent was the councillorship candidate of the People Democratic Party (P.D.P.). The election was held on the 5th of December

1998. At the end of the election, the appellant was declared the winner and was accordingly returned as elected. The 1st respondent/petitioner filed an election petition at the Election Tribunal challenging the election result and the return of the appellant. The petitioner claimed that he scored the majority or the lawful votes cast at the election: that the 500 (five hundred) votes cast at Ikpalegwa play ground polling unit No.CR/09/01/08F were actually scored by him but were mistakenly or erroneously credited to the appellant who scored nothing at that polling unit. He prayed the Election Tribunal to reverse the said score erroneously or mistakenly credited to the appellant and to declare him duly elected or returned. In its judgment the Election Tribunal granted the petition and declared the petitioner/respondent elected as the Councilor representing Umabana Ward II in Abi Local Government Council. The appellant being dissatisfied with the decision of the tribunal has now appealed to this court on a number of grounds of appeal. The first original ground of appeal is that the judgment was against the weight of evidence. Later the appellant obtained the leave of this court to file and argue four additional grounds of appeal, to wit:

Ground 1

The Local Government Election Tribunal erred in law when it held that Mr. Edogi Ekoro Enang was the elected Councilor representing Imabana Ward II of Abi Local Government Council, having scored the majority of valid votes to wit: 1,879 votes cast at the election of 5th December, 1998 at Imabana II Ward to defeat Elemi Ele Ike who scored 1,719 votes.

Ground II

The Local Government Election Tribunal erred when it found as a fact that “there was a mistaken entry of 500 votes (or at least 498 votes) from the scores of the petitioner to those of the 3rd respondent.” (Particulars are supplied).

Ground III

The Local Government Election Tribunal failed to properly evaluate the evidence before it.

(Particulars are supplied)

Ground IV

The Local Government Election Tribunal erred when it failed to make any finding on the issue of serial number of the ballot papers.

(Particulars are supplied).

Briefs or argument were filed and exchanged by the appellant and the 1st respondent. The appellant in his brief of argument formulated four issues for the determination or the appeal, namely:

“1. Whether the ballot papers for which the Local Government Election Tribunal based its judgment were properly before the tribunal.