Hon. Clarence Olafemi & Anor V. (Alara) Abereoran Ben Ayo & Ors (2008)

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OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.

This is an appeal against the judgment of the Governorship/Legislative Houses Election Petition Tribunal sitting at Lokoja Kogi State delivered on the 18th of September 2007.

The facts of the case in brief are that on Saturday the 14th of April, 2007 the Governorship and legislative Houses Election was held throughout the country. Independent National Electoral Commission also an appellant in this appeal, conducted election into Kogi State House of Assembly in Mopamuro Constituency. The 1st and 2nd petitioners, now 1st and 2nd Respondents in this appeal, Alara Abereoran Ben Ayo contested the election on the platform of Action Congress, now 2nd Respondent in the appeal. The appellant who was 3rd Respondent before the Election Petition Tribunal Lokoja contested the election on the platform of Peoples Democratic Party – the 2nd Respondent before the Tribunal.

Independent National Electoral Commission declared the following figures for the contestants at the return of the polls –

(1) Joshua Peter Kayo (ANPP) 170

(2) Hon. Clarence Olafemi (PDP) 12,749

(3) Olatunji Tremi Dele Edward (PPA) 13

(4) Alara Ben Ayo Abereoran (AC) 3,884

The 1st and 2nd petitioners Alara Ben Ayo Abereoran and Action Congress challenged the election on the following two grounds:-

(a) That the election was invalidated by reason of corrupt practices and non-compliance with the provisions of the Electoral Act.

(b) The 1st Respondent/appellant, Clarence Olafemi was not duly elected by-majority of the lawful, votes cast at the election.

Pursuant to the two grounds the 1st and 2nd petitioners/respondents prayed for the following two reliefs:-

(i) That the election held on 14th day of April 2007 wherein the appellant Hon. Clarence Olafemi was returned as winner by 3rd Respondent be declared as invalid by reason of corrupt practices and the election be declared null and void and a fresh election be ordered by the Honourable Tribunal in all the following wards of Mopa-Muro Local Government, Odole 1, Odole 2, Ileteju 1, Ileteju 2, Aiyedayo/Aiyedero, Itekete/Otatun, Ilai Okagi Wards.

(ii) That the election be cancelled for non-compliance with the provisions of the Electoral Act substantially affected the election.