Godwin Ohuabunwa V. Basil Duru & Ors (2008)

LawGlobal-Hub Lead Judgment Report

TIJJANI ABDULLAHI, J.C.A.

This appeal is against the judgment of the Governorship and Legislative Election Petition Tribunal sitting at Owerri, Imo State delivered on the 1st November, 2007 wherein the lower Tribunal upheld the election of the 1st Respondent as member representing Onuimo State Constituency in the Imo State House of Assembly.

The lower Tribunal, after adding the votes found to have been wrongly excluded to the scores of the affected candidate held thus:

“1st Respondent is still the winner of the election having scored the majority of lawful votes cast. Having done that, we find no merit in the petition. We accordingly dismiss same”.

Dissatisfied with the decision of the lower Tribunal stated (supra), the Appellant, on the 19th day of November, 2007 filed a Notice of Appeal consisting of seven grounds. The grounds without their particulars are as follows.

“GROUND ONE: ERROR IN LAW

The learned Judges of the Tribunal erred in law when they purported to have delivered the judgment in the petition on the 31st day of October, 2007 when in fact the judgment in the petition was delivered on the 1st day of November, 2007.

GROUND TWO: ERROR IN LAW

The learned Judges of the Tribunal erred in law when they conducted part of the proceedings in the petition in Chambers and not in the open Court.

GROUND THREE: ERROR IN LAW

The learned Judges of the Tribunal erred in law when they held that:

‘PWs evidence as earlier pointed out has no evidential value to constitute an admission of any-sort.’

GROUND FOUR: ERROR IN LAW

The learned Judges of the Tribunal erred in law when they held that the evidence of the PWs 1 and 2 did not amount to an admission to shift the burden of proof to the Respondents to prove that valid election took place in Ofeahia and Ozuimo/Umuaume wards.