Hon. Linus Abaa Okorie & Ors v. Independent National Electoral Commission (INEC) & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH EYO EKANEM, JCA (Delivering the leading judgment)

This appeal is against the ruling of the National and State Houses of Assembly Election Petition Tribunal for Ebonyi State sitting in Abakaliki (the tribunal for short) delivered on 1/5/2024 in petition No. EPT/EB/SEN/02/2024.

In the ruling, the tribunal dismissed the interlocutory application of the appellants which sought four substantive reliefs.

Dissatisfied with the decision, the appellants lodged an appeal against the same by the means of a notice of appeal that was filed on 14/5/2024. The notice of appeal incorporates three grounds of appeal.

The facts of the case leading to this appeal may be summarised as follows:

The 1st and 2nd appellants filed a petition challenging the election and return of the 2nd respondent as the winner of the Ebonyi South Senatorial District Bye-Election that was held on 3/2/2024. The appellants thereafter filed a motion on notice on 17/4/2024 seeking the following reliefs:

1. An order of this honourable tribunal directing the 1st respondent or any officer or officers of the 1st respondent authorised or delegated by the 1st respondent, to bring all the Bimodal Voting Accreditation Systems (BVAS) Machines used in the conduct of the Ebonyi South Senatorial District Bye-Election held on the 03/02/2024 in each of the polling units of the 46 Registration Areas in Afikpo North, Afikpo South, Ohaozara and Onicha Local Government Areas now being challenged by the petitioners to the custody of the Secretary of this Hon. Tribunal for the purposes of identification, demonstration and comparison of the record of the BVAS Machine with the Certified True Copy of the report of the physical inspection of the BVAS Machines, CTC of BVAS Report issued by the ICT Department of the 1st respondent at Abuja and the EC8As used in the 746 polling units of the 46 Registration Areas in the presence of all the parties and the Honourable Tribunal and for the machines to be tendered in evidence in proof of the allegations in the petition.
2. An order of this honourable tribunal directing the 1st respondent or any officer or officers of the 1st respondent authorised or delegated by the 1st respondent who has/have the authorisation, login details and permission of the 1st respondent to handle and demonstrate the content of the Bimodal Voting Accreditation Systems (BVAS) Machines used in the conduct of the Ebonyi South Senatorial District Bye-Election held on the 03/02/2024 in all the 746 Polling Units, 46 Registration Areas of the 4 Local Governments Areas of Ebonyi South Senatorial District to connect, power, login, operate and display the date/record stored in the machine in respect of number of registered voters and number of accredited voters on 3rd February, 2024 before this honourable tribunal in the open court, in the presence of all the parties, the relevant petitioners witnesses in the witness box and the honourable tribunal for the purposes of realisation of prayer 1 above.
3. An order of this honourable tribunal directing the 1st respondent or any officer or officers of the 1st respondent authorised or delegated by the 1st respondent who has/have the authorisation, login and permission to handle and demonstrate the content of the Bimodal Voting Accreditation Systems (BVAS) Machines used in the conduct of Ebonyi South Senatorial District Bye-Election held on the 03/02/2024 in all the 746 Polling Units of the 4 Local Governments Areas to speak to the content of the BVAS Machine as may be directed by this honourable tribunal as to the physical inspection and accreditation figure content of the said BVAS Machines, to enable the honourable tribunal and the parties herein take adequate record of the data and to confirm the data/record contained or stored therein and the accurate figures of accreditation of voters stored in the said BVAS machines.
4. An order of the honourable tribunal directing the 1st respondent to produce the following staff and/or persons to wit: Mrs. Ogbonne Achibie, Electoral Officer Afikpo North, Mrs Veronica Ujoatu, Electoral Officer Onicha, Mr. Austin Nweke, Electoral Officer Ohaozara, Mr. Agu Onyemachi, Electoral Officer Afikpo South, Okorie Festus C., Collation Officer, Mgbom Okposi Registration Area and Onele Monday N., Collation Officer, Ugbogologo Ugwulangwu registration Area to testify and/or give evidence either orally, by statement on oath or by any other means as may be directed by this honourable tribunal in the matter in respect of official reports made and received in writing to the 1st respondent of the anomalies witnessed at the conduct of the 3rd February, 2024 Ebonyi South Senatorial Bye Election in their respective places of assignment.
5. And for such further order or orders that this hon. court may deem fit to make in the circumstances of this case.

The grounds for the application were set out on the motion paper.

The application was supported by an affidavit with exhibits attached, a written address as well as two further affidavits and two replies on points of law.

The 2nd respondent filed a counter-affidavit and a written address, the 3rd respondent similarly filed a counter-affidavit and a written address in opposing the application. The 1st respondent did not file any process in response to the application.

After hearing counsel, the tribunal, as I have already stated, dismissed the application of the appellants.

Pursuant to the rules of this court governing election petition appeals, the appellants filed:

i. Appellants’ brief of argument on 23/5/2024;

ii. A reply brief to the 2nd respondent’s brief of argument, on 29/5/2024; and

iii. A reply brief to the 3rd respondent’s brief of argument, on 29/5/2024.