Hon. Linus Abba 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 judgment of the National Assembly Election Petition Tribunal, Ebonyi State sitting at Abakaliki (the tribunal) delivered on 15th August, 2024 in petition No. EPT/EB/SEN/02/2024. In the judgment, the tribunal dismissed the petition of the appellants against the return of the 2nd respondent as the winner of the bye-election for the Ebonyi South Senatorial District in the National Assembly conducted by the 1st respondent on 3/2/2024.

Aggrieved by the decision, the appellants appealed to this court by the means of a notice of appeal that was filed on 4/2/2024.

The facts of the case leading to this appeal may be summarised thus: the 1st respondent conducted a bye-election for the seat of Ebonyi South Senatorial District in the National Assembly on 3/2/2024.

The 1st appellant contested the election and was sponsored by the 2nd appellant. Apart from other candidates, the 2nd respondent contested the election on the platform of the 3rd respondent. He was or is employed as a lecturer in the Federal University of Technology, Owerri (hereinafter referred to as FUTO”).

At the end of the election, the 1st respondent declared and returned the 2nd respondent as the winner of the election. Dissatisfied with the turn of events, the appellants filed a petition against the return at the tribunal. One of the grounds of the petition was that:

“The 2nd respondent was, at the time of the election, not qualified to contest the election.”

The respondents filed their replies joining issues with the appellants. The appellants filed replies to the replies of the respondents.

After pre-hearing session, the petition proceeded to trial at which the appellants testified through 53 witnesses and tendered exhibits P1 to P93. The 1st respondent did not call any witness but tendered 3 exhibits while the 2nd respondent called 2 witnesses and tendered some exhibits. The 3rd respondent called 1 witness.

After taking written addresses by counsel for all sides, the tribunal, as I have already stated, dismissed the petition of the appellants for failure to prove any of the grounds of the petition.

At the hearing of the appeal on 28/9/2024, N.V. Nwonu, Esq. for the appellants, in urging the court to allow the appeal and set aside the judgment of the tribunal, adopted and relied on appellants brief of argument that was filed on 1/9/2024 and the two reply briefs of argument that were filed on 20/9/2024 and 24/9/2024.

Dr. Onyechi Ikpeazu (SAN) for the 2nd respondent adopted and relied on 2nd respondents brief of argument that was filed on 19/9/2024 in urging the court to dismiss the appeal and affirm the decision of the tribunal.

Mrs. Olamide Adekunle, of counsel, for the 3rd respondent adopted and relied on the 3rd respondents brief of argument that was filed on 22/9/2024 in urging the court to dismiss the appeal and affirm the decision of the tribunal.

The 1st respondent did not file a brief of argument.