Hon. Chinedu Godswill Eluemunoh & Anor. V. Chizor Lambert Obidigwe & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision delivered on 19/7/2011 by the National and State Houses of Assembly Election Tribunal, Awka, Anambra State, (hereafter simply referred to as “the Tribunal”) striking out Petition No. EPT/AN/NAE/HR/43/2011.

The Appellants were the Petitioners in Petition No. EPT/AN/NAE/HR/43/2011 (hereafter simply referred to as “the Petition”). The Appellants on 17/5/2011 instituted the Petition which relates to the Oyi/Ayamelum Federal Constituency of Anambra State in the National Assembly election held on 26/4/2011. The 1st Appellant contested the election on the platform of the 2nd Appellant. The Appellants are challenging the declaration and return of the 1st Respondent as the winner of the election. The reliefs which the Appellants prayed of the Tribunal, as set out in the Petition are re-produced hereunder:-

“Wherefore your Petitioners pray as follows:

(i) That it be determined that upon a proper collation of all the valid voted cast at the questioned election, the return of the 1st Respondent as the winner of the National Assembly election held on 26th April, 2011 for Oyi/Ayamelum Federal Constituency is null and void in that the 1st Respondent did not score the majority of lawful voted cast at the election.

(ii) That neither the 1st Respondent nor the 3rd Respondent was duly elected by the majority of lawful voted cast in the Federal House of Representatives Election held on 26th April, 2011 for the Oyi/Ayamelum Federal constituency, and that the return of the 1st Respondent is void.

(iii) An order setting aside the return of the 1st Respondent as the winner of the said election.

(iv) That it be declared that your Petitioners scored the highest number of valid votes cast in the Oyi/Ayamelum Federal House of Representatives Election held on 26th April, 2011, and satisfied the requirements of the applicable laws and ought to have been returned as the winner of the election.

(v) An order that the 1st Petitioner be returned as duly elected and a Certificate of Returns issued to him.

The Petitioners pray alternatively and only in the alternative as follows:

(a) That it be determined that the 1st and 3rd Respondent (sic) were at the time of the election, not qualified to contest the election as both were, contrary to the provisions of the enabling laws, unlawfully sponsored by one political party, to wit:, the 4th Respondent.

(b) That it be determined that the 4th Respondent’s participation in the Federal House of Representatives Election of 26th April, 2011 in the Oyi/Ayamelum Federal Constituency is null, void and of no effect, in that (contrary to the provisions and spirit/intendment of the enabling laws) it sponsored two candidates in the afore-mentioned election.

(c) That it be determined that the act of the 2nd Respondent in allowing/authorizing the 4th Respondent to participate and/or sponsor two candidates (to wit: 1st and 3rd Respondents) in the said election constitutes gross irregularity and non-compliance that substantially affected the conduct and outcome of the election. (d) An order setting aside the participation of the 1st, 3rd and 4th Respondents in the aforementioned election as well as the return of the 4th Respondent as the purported winner of the election.

(e) A declaration that the election at Omor Wards I and III, Umumbo Ward, Nteje Ward I, Irueri village Square Code 005 Polling Unit, Umuosue Hall Code 007 Polling Unit, Amadagbe Village Square Code 003 Polling Unit of Awkuzu Ward I, Amaadegbe Ifite Code 004, Ama-Eriukwu Village Square Code 005 and Ama-Umueri Code 006, all of Awkuzu Ward III and results return (sic) therefrom for Oyi/Ayamelum Federal Constituency are void.