Ezechimerem Martinet Ihuoma V. Hon. Martins Okechukwu Azubuike & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

On 30/4/2015, Appellant, as Petitioner filed Petition No. AB/EPT/HA/16/2015 (subject matter of this appeal) at the National and State House of Assembly Election Tribunal against the Respondents, seeking the following reliefs:

(i) That the 1st Respondent was not duly or validly elected/returned as he did not score the highest number of lawful votes cast at the election.

(ii) That it may be determined and thus declared that the said election and the return of the 1st Respondent Hon. Martins Okechukwu Azubuike are voided by acts which clearly violate and breach the provision of the Electoral Act, 2010. Including but not limited to the rigging and manipulation of election results, unprecedented acts of violence, thuggery, abduction and coercion of opponents etc committed at the Polling Units and Wards aforementioned.

(iii) That it may be determined that going by the lawful votes at the said election, your Petitioner ought to have been returned and should be returned as the elected Member of the State House of Assembly representing Isiala Ngwa North Local Government.

(iv) In addition

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and/or alternative, that your Petitioner be declared as the winner of the said election, judging by the results obtained after the physical recount and re-examination by and before the tribunal of the votes from the affected or aforementioned Polling Units and Wards.

OR

a. That the election in the said Polling Units and Wards be voided and/or set aside and a fresh election ordered.

b. That a fresh election be ordered throughout Isiala Ngwa North Local Government for the election into the State House of Assembly, Abia State in accordance with the provisions of the Electoral Act, 2010.

The 1st Respondent filed his Reply to the Petition on 4/5/15, while the 2nd to 4th Respondents filed their Reply on 26/5/15. The 5th and 6th Respondents filed theirs on 23/6/15. They all urged the tribunal to dismiss the Petition for incompetence and as lacking in merits. The Petitioner (Appellant) filed Replies to the Respondents’ Replies. After hearing the Petition, the tribunal, on 19/10/15, delivered judgment against Appellant and dismissed the Petition. This appeal is against that decision.

Appellant’s Notice of appeal was filed on 28/10/15 as per

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