Hon. Ossy T. Chinwuba V. Joseph Isiagu & Ors. (2009)

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STANLEY SHENKO ALAGOA, J.C.A,

This is an appeal against the judgment of the National Assembly/Governorship and. Legislative Houses Election Petition Tribunal Anambra State holden at Awka in Petition No. EPT/AN/SAE/28/2007 between Hon. Ossy T. Chinwuba as Petitioner and Joseph Isiagu and Ors as Respondents delivered on the 2nd June 2008 – Coram Hon. Joseph J.S. Abiriyi (Chairman), Hon. Justice A.G. Kwajafa (Member); Hon. Justice D.T. Okuwobi (Member); Hon. Justice B.A. Georgewill (Member) and Hon. Justice A.M. Lamido (Member). The election complained of in the Petition was into the Anambra East Constituency of the Anambra State House of Assembly held on the 14th day of April 2007 between Hon. Theophilus C. Chinwuba of the PPA, Mr. Joseph Isiagu of the PDP and other candidates of ‘APGA, ANPP, AC, ADC, SPN and NDP. At the end of the election, the 1st Respondent Joseph Isiagu was declared winner having scored the highest number of votes. Dissatisfied with that result, the Petitioner filed a Petition on the following grounds –

(1) The return of the 1st Respondent as the winner of the election for the Anambra State House of Assembly held on the 14th April 2007 was invalid by reason of non compliance with the provisions of the Electoral Act 2006.

(2) The election was marred by irregularities and corrupt practices.

(3) The 1st Respondent was not duly elected by a majority of lawful votes cast at the election as no lawful vote was cast in the entire Anambra East Constituency on Saturday 14th April 2007.

The Petitioner stated as facts in support of the Petition thus –

i. Your Petitioner states that election did not take place in any polling station within Anambra East constituency on Saturday April 14 2007. The 1st Respondent deliberately gave out some of the election materials particularly the result sheet to agents of the Peoples Democratic Party (thereinafter referred to as PDP) hours before the election who used the said result sheets to enter the figures manufactured outside the polling units in the most reckless manner.

ii. The 4th Respondent is a body given empowered (sic) by the 1999 Constitution and the Electoral Act 2006 to conduct the questioned election on 14th day of April 2007 and pursuant to the exercise of its said function, it sent its polling clerks to all the 200 polling booths in the Constituency but without electoral materials which were expected to be supplied from the INEC Local Government Office at Otuocha by the 2nd – 4th Respondents. The 2nd – 4th Respondents did not supply the following electoral materials –

(a) Voters Register for the use in the 200 polling booths in Anambra East Constituency.

(b) Result sheets otherwise called form EC8A1 for the respective polling units.

(c) The election was scheduled to take place between 8.00 and 3.00 pm but until the close of the election these election materials did not reach any of the polling booths in Anambra East Constituency.

(d) The 2nd – 4th Respondents did not provide voters register to conduct the election in any of the 200 polling units in the Constituency.

(e) No result sheet (for all the polling units) station i.e. Form EC8A1) for the State House of Assembly election was provided by the 2nd – 4th Respondents

The total absence of these materials precipitated the following reaction