Hon. Louis Chukwu V. Independent National Electoral Commission (INEC) (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI M. ABBA AJI, J.C.A. (Delivering the Leading Judgment)

The instant appeal is a fallout of the Ruling of the National and State Assembly Election Petitions Tribunal holden at Owerri, Imo State, which was delivered on the 11th August, 2011, wherein the Learned Judges -Per Hon. Justice U. E. Essang Chairman, Hon. Justice A. M. Yakubu – Member and Hon. Justice A. O. Salihu – Member struck out petitioner’s (Appellant’s) petition, filed on the 17th day of May, 2011 for want of jurisdiction of the Tribunal to hear and determine same.

The brief facts of this appeal is that the Appellant and the 3rd Respondent, among others contested the Imo State House of Assembly seat for Ideato North Constituency of Imo-State, which was held on the 26s day of April, 2011 on the platforms of the Peoples Democratic Party (PDP) and the All Progressive Grand Alliance (APGA) respectively. The 1st Respondent INEC, declared the 3rd Respondent the winner of the said election, having secured the highest number of votes in the said election and accordingly issue her with a certificate of return. The Appellant, obviously dissatisfied with the outcome of the election petitioned the Respondents before the Lower Tribunal; on the grounds that the election was invalid by reason of corrupt practices and non compliance with the provisions of the Electoral Act 2010.

The 3rd Respondent challenged the jurisdiction of the Tribunal to hear the Petition and by a motion dated and filed on the 2nd day of July 2011, urged the Lower Tribunal to strike out the petition amongst others, for being competent in that the Tribunal lacked the jurisdiction to entertain and determine matters which purportedly occurred before the conduct of the said election.

After hearing both parties on the motion for striking out filed 2nd July, 2011, the Learned Tribunal Judges struck out the petition for want of jurisdiction. At page 170 of the Record, the Learned Tribunal Judges held inter alia:

“In the whole, the petitioner’s petition filed on the 27th day of May, 2011 in petition number EPT/IM/SHA/33/2011 is hereby struck out for want of jurisdiction of this Tribunal to hear and determine same.”

Being dissatisfied with the above Ruling, the Appellant has appealed to this court vide a Notice of Appeal filed 29th August, 2011, containing two (2) grounds of appeal, which are reproduced hereunder, without their particulars.

GROUNDS OF APPEAL

GROUND ONE:

The Honourable Election Tribunal misdirected itself on the facts when it held that “in fact this Tribunal finds that none of the paragraphs of statement of facts in support of the petition specifically alleges corrupt practices and or non compliance with the Electoral Act during the conduct of the election of the 26th of April, 2011 to support the only ground for the petition and thereby occasioned a miscarriage of justice.

GROUND TWO:

The Honourable Election Tribunal misdirected itself on the facts when it held “that all the complains (six) (complaints) of the petitioners are in respect of campaigns carried on by the 2nd and 3rd Respondents which complaints are of a criminal nature not civil and which events occurred before the election day” and thereby occasioned a miscarriage of justice.

As is the practice in this Court, parties filed and exchanged briefs of argument. However, the 1st and 2nd Respondents filed no briefs. Accordingly, this appeal shall be determined on the basis of the briefs filed by the Appellant as well as that of the 3rd and 4th Respondents.

The Appellants brief of Argument, settled by Chidinma Duruiheoma, formulated a sole issue for determination to wit: