Friday Nubari Nke-ee & Ors v. Dunamene Robinson Dekor & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, JCA (Delivering the leading judgment)

This appeal is against the judgment of the National and State Houses of Assembly Election Petition Tribunal, River State sitting in Abuja FCT, delivered on the 9th day of October, 2023, by Hon. Justice Chris E. Eze, J (Chairman), Hon. Justice Anthony Araba, J (Member I) and Hon. Justice Bamidele Aina, J (Member II) in petition No: EPT/RV/25/2023. The appellants being dissatisfied with the decision of the tribunal, appealed to this court.

Brief statement of material facts

In the exercise of its statutory powers under the law, the 3rd respondent (INEC) scheduled and conducted election into the office of Member of the House of Representative for the Khana/Gokana Federal Constituency seat of Rivers State on the 25th day of February, 2023 and a supplementary election on the 15th day of April, 2023 wherein the 1st appellant contested and as the candidate of the 2nd appellant against the 1st respondent who contested as the candidate of the 2nd respondent, among other candidates for the same election.

At the conclusion of the voting, sorting, counting and collation of the election results on the 25th day of February, 2023 and 15th day of April, 2023, the 3rd respondent announced and declared the 1st respondent as winner of the election and returned him elected with 18,641 votes while the 1st appellant came second with a score of 10,165 votes.

The appellants, being dissatisfied with the conduct of the election, filed this petition before the tribunal on 4th May, 2023, contending that the election was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act and that the 1st respondent was not duly elected by a majority of lawful votes cast at the House of Representatives election.

The appellants complained that in some polling units and wards, the election of 25th February, 2023 and 15th April, 2023 were seriously marred by instances of all forms of corrupt practices such as the suppression of the scores obtained by the appellants, mutilation of result sheets, carting away of electoral materials by the 1st and 2nd respondents thugs, falsification of election results, non-collation of results at the ward and local government level, electoral violence, non-voting and intimidation of voters by security agents, vote buying, over-voting and fragrant non-compliance with the provisions of the Electoral Act with the active connivance of the 3rd respondent.

That there were also prevalent instances of disruption of elections, withholding of result sheet, inflation of votes, uploading of blurred results and tampering of ballot sheets.

In defence of the claim, the 1st, 2nd and 3rd respondents filed their various replies to the petition wherein they specifically denied each and every allegation of facts pleaded in the petition and joined issues thereon with the appellants.

The case of the respondents is that the House of Representatives election for Khana/Gokana Federal Constituency Seat held on the 25th day of February, 2023 and supplementary election of 15th April, 2023 was a credible, free and fair election properly conducted by the 3rd respondent in substantial compliance with the provisions of the Electoral Act, 2022 and that the 1st respondent was the candidate who polled the majority of the lawful votes cast at the election and was accordingly declared winner of the election and returned elected having satisfied the requirements of the constitution and the law.

At the completion of evidential hearing and adoption of final addresses, the trial tribunal in its judgment of 9th October, 2023 dismissed the appellants’ petition holding that the appellants failed to prove the petition. The appellants are unhappy with this finding and conclusion and have appealed against the same to this honourable court on 7 grounds of appeal as set out in the notice of appeal at page 1464 to 1476 of the records.

Issues for determination

In the appellants brief of argument dated 2nd day of November, 2023 and filed 4th day of November, 2023, the appellants, through their counsel, Mrs. Perpetual E. Aibangbee, Esq; raised three (3) issues for determination of this appeal. They are as follows:

1. Whether in view of the case presented by the 1st and 2nd respondents, the lower court was right when it affirmed the return of the 1st respondent as duly elected by majority of lawful votes cast in the election of 25th February and supplementary of 15th April, 2023.
2. Whether the trial tribunal was right in holding that the appellants failed to demonstrate the documents tendered on their case and dumped same on tribunal.
3. Whether the failure of the appellants to call the 619 polling units’ agents to give testimony at the trial tribunal was fatal to the appellants’ case.

On the first issue submitted for determination of this court, learned counsel to the appellants, Mr. Ojodale Emmanuel Esq; first submitted that it is trite law that a court of law merely reacts to the pleadings and evidences led before it.