Hon. Martins Aza & Anor V. Hon. Alphonsus Avine Agbom & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A.

This appeal arose from the judgment of the National and State Houses of Assembly Election Tribunal (hereinafter the Tribunal) sitting at Makurdi and presided over by Hon. Justices M.A. Dipeolu (Chairman), U. Abubakar (Member 1) and M. B. wakili (Member 11).

STATEMENTS OF FACTS

The facts leading to the appeal are that on 11th April, 2015, the Independent National Electoral Commission (hereinbefore us the 3rd respondent) conducted election into the office of the member representing Makurdi North State Constituency. Hon. Martins Aza as the 1st respondent before the Tribunal but before us the 1st appellant and who was sponsored by the Peoples Democratic Party (2nd respondent before the Tribunal but 2nd appellant before us) contested in the said election.

Hon Alphonsus Avine Agbom being the 1st petitioner at the Tribunal but herein the 1st respondent and who was sponsored by The All Progressives Congress the 2nd petitioner at the Tribunal but hereinbefore us the 2nd respondent also contested in the election. At the close of the said election the 1st appellant was declared and returned as the winner by the 3rd respondent having

1

purportedly scored 12,085 votes while the 1st respondent purportedly scored 8,432 votes.

Being dissatisfied with the declaration and return of the 1st appellant as winner of the election, the 1st and 2nd respondents in their petition No: EPT/BEN /SH/L5/20L5 filed before the Tribunal on 3oth April, 2015 challenged the election on the ground to wit:

‘Your petitioners state that the 1st respondent was not duly elected by a majority of lawful votes cast at the Makurdi North State Constituency Election in Benue State held on the 11th day of April, 2015 and announced on the 1lth day of April , 2O15.”

(See page 2, para.10 of the record of appeal).

The facts put forward by the 1st and 2nd respondents in substantiation of the sole ground hung primarily around the 20 polling units in Agan council ward and the 14 polling units in Mbalagh council ward respectively. The respondents claimed that the election in these two wards was not conducted in compliance with the mandatory provisions of the Election Guidelines and Manual for 2015 General Elections which manual was admitted before the Tribunal as Exhibit PJ consequent upon which they prayed the Tribunal for the following

2

reliefs:a)

A declaration that the 1st respondent was not duly elected/returned by a majority of lawful votes cast at the said election of 11th day of April , 2015 for Makurdi North state constituency House of Assembly Election and that his election/return is void.