Hon. Chidi Ibe & Anor V. Hon. Rapheal Nnanna Igbokwe & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal from the decision of the National/State Assembly Election Tribunal sitting at Owerri delivered on the 22nd day of August, 2012 which dismissed the Petitioners/Appellants’ Petition in respect of Ahiazu/Ezihinitte Mbaise Federal Constituency on the election held on the 25th day of February, 2012.

In its judgment delivered on the 25th November, 2011, this Court ordered a re-run election to be conducted by the 2nd Respondent, Independent National Electoral Commission (INEC) for Ahiazu/Ezinihitte Mbaise Federal Constituency, Federal House of Representative within 90 days from the said judgment following the nullification of the election conducted by the 2nd Respondent on the 16th April, 2011.

Both the 1st Appellant and the 1st Respondent were candidates at the said election wherein the 2nd to 4th Respondents returned the 1st Respondent as the winner of the election having scored the highest number of votes cast at the said election. The Appellants being dissatisfied with the conduct of the said election and the return of the 1st Respondent as the winner of the election instituted a petition at the National Assembly Election Tribunal on the 15th day of March, 2012 based on four grounds as stated in paragraph B (a), (b), (c) and (d) of the petition as follows:

(a) That the 1st Respondent whose election is questioned was at the time of the election not qualified to contest the election.

(b) That the return of the 1st Respondent was invalid by reason of corrupt practices and substantial non compliance with the provisions of the Electoral Act 2010 as amended in respect of the Wards and polling Units complained of at the petition.

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

(d) The election was invalid in view of the fact of its having been conducted in non-compliance with the order of the court of Appeal in Appeal No. CA/OW/EPT/45/2011 which order was predicated on the provision of Section 140 (2) of the Electoral Act 2010 as amended.

WHEREFORE the PETITIONERS pray that it be determined as follows:

(a) That the 1st Respondent was not qualified to contest the election of the Ahiazu/Ezinihitte Federal Constituency conducted on the 25th day of February, 2012.

(b) That the 1st Respondent was not validly elected by the majority of lawful and valid votes cast at the 25th February, 2012 Ahiazu/Ezinihitte Federal Constituency.

(c) That the 1st Respondent did not score the majority of the lawful and valid votes cast at the said election.

(d) That the return of the 1st Respondent be set aside/nullified as election was conducted in non-compliance with order of the Court of Appeal in Appeal No. CA/OW/EPT/45/2011 pursuant to Section 140 (2) of the Electoral Act 2010 as amended made on 25th day of November, 2011.

(e) That the 1st petitioner scored the majority of lawful and valid votes cast at the said Election and ought to be duly returned as elected.