Hon. Chukwumaeze Nzeribe & Anor V. Andy Emmanuel Uba & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the National Assembly/Legislative Houses Election Petition Tribunal, sitting at Awka, Anambra State delivered on 3rd October, 2012 in respect of Election Petition No. EPT/AN/NAE/SE/04/2012 filed by the Appellants on 7th April, 2012.

The 3rd respondent had conducted an election (re run) into the Senatorial Seat of Anambra South Senatorial District on 20th March, 2012 at which the 1st Appellant and the 1st respondent were candidates. The result of the election as announced by the 3rd respondent and as pleaded in paragraph 7 of the petition shows that 1st respondent was credited with the highest votes of 42,804 while the 1st appellant was credited with 40,678 votes. The 1st respondent was therefore declared by the 3rd respondent as the winner of the election and duly returned.

The appellant’s, who were dissatisfied, challenged the declaration of the 1st respondent and his return as the winner of the election on the grounds;

“(a) That the 1st Respondent was at the time of the election not qualified to contest the election as he was not sponsored for the election by either the 2nd respondent or any political party in accordance with the requirements of Sections 65 (2)(b) and 221 of the 1999 Constitution (as amended) and Section 31 (1) of the Electoral Act 2010 (as amended).

(b) That the election held in Osumenyi Wards 1 and 2, Uga Wards 1 and 2 and Polling Units Nos. 014 of Uli Ward 2,015 and 016 of Otiogbata Hall and 021 of Ugwunwocha in Uga was invalid by reason of corrupt practices and substantial noncompliance with the provisions of the Electoral Act (as amended).

(c) That the 1st Respondent was not duly elected by majority of lawful votes cast at the election as it was the 1st Petitioner who polled majority of the lawful votes cast at the election”.

By paragraph 18 of their petition, the appellants had prayed the Tribunal to determine that;

“(i) The 1st Respondent was not qualified to contest the election having not been sponsored for this election by any political party and therefore his declaration and return as the winner of the questioned election is unconstitutional, null and void. The certificate of return issued to the 1st Respondent by the 3rd Respondent be and is hereby set aside.

(ii) The 1st Petitioner ought therefore in the circumstances to have been and is hereby declared elected. The 3rd Respondent be and is hereby ordered to issue a fresh certificate of return to the 1st Petitioner.

ALTERNATIVELY

(iii) The 1st Respondent was not duly or validly declared elected or returned as he did not poll the majority of valid votes cast at the questioned election and his purported declaration and return as the winner of the election is hereby nullified.

(iv) The election conducted in Osumenyi Wards 1 and 2, Polling Units 014 in Umuchima Primary School of Uli Ward 2, Units 015 and 016 in Otiogbata and Unit 021 at Ugwunwocha Uga be and is hereby nullified having been in substantial noncompliance with the electoral Act 2010 (as amended).

(v) The 1st Petitioner is the Winner of the Anambra South Senatorial Election that took place on 20/3/2012 and is hereby declared elected. The 3rd Respondent is hereby ordered to issue a fresh certificate of Return to the 1st Petitioner and the certificate of return wrongfully issued to the 1st Respondent by the 3rd Respondent is hereby set aside”.