Hon. Boniface Okoye & Anor V. Hon. Gabriel Okoye Onyenwife & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO J.C.A (Delivering the Leading Judgment)

The appeal herein is against the ruling of the National and State Houses of Assembly Election Petition Tribunal Anambra State, holden at Awka, delivered on 11th October, 2011 in petition number EPT/AN/HA/46/2011, wherein the said petition was struck out, on the ground that it raised pre-election matters.

By way of prologue, a summary of the facts giving rise to this appeal is hereby made thus: The Appellants as Petitioners filed a petition in the Tribunal on the 17th May, 2011 challenging the return of the 1st Respondent as the winner of the House of Assembly Election for Anyamelum Constituency Anambra State held on the 26th April, 2011.

The grounds upon which the petition was anchored are as follows:

“(a) The return of the 1st Respondent as the person elected was invalid by reason of corrupt practices and substantial noncompliance with the provisions of the Electoral Act 2010 and the Manual made thereunder.

(b) The 1st and 3rd Respondents were at the time of the election not qualified to contest the election as both were, contrary to the provisions of the Electoral Act, sponsored by one political party, to wit, the 4th Respondent.

(c) The 1st Respondent was not duly elected by majority of lawful votes cast.”

See paragraphs 7(a) – (c) of the petition at pages 3 – 4 of the record.

The particulars of the grounds of the petition were pleaded in paragraphs 8(A) – B(C) of the petition on pages 4 to 18 of the record. The petitioners in paragraph 10 of the petition claimed for the following reliefs:

“(i) That it be declared that the return of the 1st Respondent as the person elected at the election to the membership of the Anambra State House of Assembly for Anyamelum Constituency held on 26th April, 2011 is invalid by reason of corrupt practices and substantial non-compliance with the provisions of the Electoral Act 2010 and the Manual for Election Officials 2011 made pursuant to Section 153 of the Electoral Act.

(ii) That the return of the 1st Respondent as the winner of the said election is set aside and a re-run election ordered in the Constituency.

The Petitioners PRAY IN THE ALTERNATIVE

(i) That the election at Ama-Isiudala Polling Unit Code 010 Ifite-Ogwari Ward II, Central School II Polling Unit Code 015 Ifite-Ogwari Ward II, Umuereodili Square I Polling Unit Code 009 Igbakwu Ward, Obune Square III Polling Unit Code 008 Umumbo Ward, Ama Umu-Okpanta II Polling Unit Code 010 Omor Ward I, River Basin Unit Code 014 Omor Ward II, Urban Primary School II Polling Unit Code 005 Omor Ward II, Oye Market Square Polling Unit Code 001 Omor Ward II, Ama-Umunala I Polling Unit Code 005 Omor Ward III, Ama-Umunala II Polling Unit Code 006 Omor Ward III, Ama-Umunala III Polling Unit Code 007 Omor Ward III, Ama-Umunala IV Polling Unit Code 008 Omor Ward III, Ama-Isinkakwa Polling Unit Code 015 Omor Ward III, Ama-Aturia III Polling Unit Code 003 Omor Ward III, Ama-Aturia IV Polling Unit Code 004 Omor Ward III, Ama-Ituku Polling Unit Code 013 Omor Ward III, Ama-Ituku Polling Unit Code 014 Omor Ward III, Amaisi Ogwari Village I Polling Unit Code 008 Omor Ward II and Amaisi Ogwari Village Sqaure II Polling Unit Code 009 Omor Ward III and the results therefrom are void for corrupt practices and non-compliance with the Electoral Act.

(ii) That the election at Ifite Ogwari Ward I, Ifite Ogwari Ward II, Igbakwu Ward and Omor Ward I and results returned therefrom are void for non-compliance with the Electoral Act.