Hon.chike Anyaonu V. Hon. Eucharia Azodo & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A: (Delivering the Leading Judgment)

The petition that led to this appeal was commenced at the National and State Houses of Assembly Election Petition Tribunal, Awka in Anambra State. The petition dated 24/5/2011 was filed on 25/5/2011. The Appellant, Hon. Chike Anyaonu was the petitioner in the trial tribunal and the 1st Respondent in this appeal was also the 1st Respondent in the trial tribunal. The grounds relied upon for the petitions were stated in paragraph 12(i) – (xiv) as follows:-

12. Your petitioner further states that the grounds upon which this Petition is predicated are as follows:-

i) That the 1st Respondent was not a candidate in the election.

ii) That the 1st Respondent did not and cannot participate in the election.

iii) That the 1st Respondent at the time of the election was not qualified to contest the same in that the 1st Respondent was not sponsored in the election by any registered political party in Nigeria as the law required.

iv) That the 3rd Respondent, a registered political party had sponsored only the petitioner as its candidate in the election and not any other person including the 1st Respondent.

v) That the 1st Respondent did not poll any vote cast at the election.

vi) That the 1st Respondent was not duly elected by majority of lawful votes cast at the election and ought not to have been declared or returned as elected.

vii) That the 1st Respondent could not have been rightfully declared a winner in the election nor would the Honourable Tribunal be expected to declare him winner in an election she had fully not participated in all the stages of the said election.

viii) That the Petitioner being the candidate of the 3rd Respondent in the election ought to have been returned as elected having scored the majority of lawful votes cast at the election.

ix) Your Petitioner emerged the 3rd Respondent’s lawful candidate in the election for the Aguata Federal Constituency upon your Petitioner’s fulfillment of all conditions precedent for your petitioner’s nomination and sponsorship as such candidate by the 3rd Respondent.

x) That the 3rd Respondent filed the 3rd Respondent’s List of Nominated candidates in INEC Form wherein the 3rd Respondent listed the name of the Petitioner as her candidate in the April 2011 election into membership of the National Assembly in the Aguata Federal Constituency. Similarly, the 3rd Respondent filed the INEC Form for Submission of Names of Candidates by Political Party listing the name of your Petitioner as her candidate in the April 2011 election into membership of the National Assembly in the Aguata Federal Constituency.

xi) Your Petitioner states that the 3rd Respondent’s List of Nominated Candidates in INEC Form and the INEC Form for submission of Names of Candidates by Political Party listing the name of your Petitioner as her candidate referred to in paragraph 12 (x) of the petition were duly submitted by the 3rd Respondent to the 2nd Respondent indicating that your Petitioner is the nominated and sponsored candidate of the 3rd Respondent in the said election.

xii) That the 2nd Respondent in turn was under a duty imposed by law to accept and acknowledge the Petitioner as the 3rd Respondent’s candidate in the said election.