Emmanuel O. Adedeji V. Johnson Akinola Adeoba & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Lead Ruling)

This is a ruling on a Motion on Notice dated and filed on 23rd September 2009 in Appeal No. CA/B/EPT/312/2008. The applicant who is the 1st Respondent in the appeal prayed the Court for the following reliefs:

“1. An order granting leave to the 1st Respondent/Applicant to adduce fresh evidence on appeal to wit: INEC FORM EC8C (ii) being summary of results from Registration Areas, Election to the House of Representatives, Collation at Local Government Area Level for Odigbo Local Government Area used at the 21st April, 2007 National Assembly Election which was tendered as EXHIBIT PPP in the lower Tribunal.

2. An order granting leave to the 1st Respondent/Applicant to amend his brief of Argument filed in this appeal in terms of the 1st Respondent’s Amended Brief of Argument already filed in this appeal.
3. An order deeming the 1st Respondent’s Amended Brief of Argument as properly filed and served necessary filing fees having been paid.”

The motion brought pursuant to Order 4 Rule 2 and Order 7 Rule 1 of the Court of Appeal Rules 2007 is predicated on the following grounds:

(i) The lower Court did not consider the issue of jurisdiction in terms of the date of declaration of results; neither did it adjudicate in same, as none of the parties raised any issue thereupon at the hearing of the petition.

(ii) The determination of the issue of date of declaration of results in an Election petition can only be proved by INEC final Declaration of result of election in form EC8E (ii) and no INEC Form EC8E (ii) was tendered in evidence at the lower Tribunal.

(iii) The actual date of Declaration of Result of Election Form EC8E (i) in this case is 22nd April, 2007.

(iv) The INEC Form EC8C (ii) being the Local Government Collation Result Sheet for Odigbo Local Government Area in the Constituency was admitted in the evidence by the lower Tribunal as EXHIBIT PPP on 11th April 2008 vide ruling of the lower tribunal at pages 441 – 443 vol. 1 of the Record of Appeal.

(v) EXHIBIT PPP shows that the collated result of Odigbo Local Government Area of the Constituency was declared on 22nd April 2007, while INEC Form EC8D(ii) being the collated result for the entire Ile-Oluji/Oke-Igbo/Odigbo Federal Constituency which was admitted as Exhibit aaa purportedly shows that the result for the entire constituency was declared on 21st April 2007.

(vi) The contents of Exhibit PPP, the INEC Form EC8C(ii) showing that the result of the said Election in Odigbo Local Government Area was declared on 22nd April, 2007 has since been defaced and obliterated at an indeterminate time after it had been tendered and admitted in evidence by the lower Tribunal in a legible form.

(vii) A cleaner and more legible copy of the Exhibit PPP has now been obtained and it is necessary to seek the leave of this Honourable Court to adduce such evidence as was originally tendered in the lower Tribunal.

Applicant indicated his intention to tender the original copies of Exhibit JAA2, JAA3 series and JAA4 at the hearing of the application.

In support of the application is a 6 paragraph affidavit deposed to by the applicant.

Challenging the application the 1st Respondent who is the Appellant in the Appeal filed a 20 paragraph counter-affidavit dated 20/10/2009 on 22/10/09.