Hon. Prince Terhemen Tarzoor V. Ortom Samuel Ioraer & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

The 3rd Respondent in this appeal, the Independent National Electoral Commission (INEC), conducted the Governorship Election for Benue State on the 11th April, 2015.

Appellant and the 1st Respondent contested in the said election and so did six other candidates who were sponsored by their respective political parties. Appellant was sponsored by his party, the Peoples Democratic Party (PDP). The 1st Respondent, in the words of the appellant, was “purportedly” sponsored by his party, the All Progressive Congress (APC). The result of the election as declared by the electoral umpire, the INEC, showed that the 1st Respondent of the APC polled a total of 422,932 votes against the total of 313,878 votes polled by the appellant of the PDP. The 3rd Respondent declared the 1st Respondent winner of the election and returned him as the elected Governor of Benue State; the 1st Respondent having satisfied other condition for such declaration and return.

Aggrieved by the result of the election in which he was the runner-up, the appellant challenged same at the Governorship Election Petition Tribunal constituted

1for Benue State. Appellant challenged the election and return of the 1st Respondent on three grounds, hereunder reproduced:

“GROUNDS UPON WHICH THE PETITION IS BASED:

1. Your petitioner states that the 1st Respondent, Artom Samuel Ioraer, was at the time of election, not qualified/disqualified to contest the election.
2. Your petitioner states that the declaration and return of the 1st Respondent aforesaid was invalid by reason of non-compliance with the mandatory provisions of the Electoral Act, 2010 (as amended) and the 1999 Constitution of the Federal Republic of Nigeria (as amended).
3. Your petitioner states that the 1st Respondent was not duly elected by a majority of lawful and valid votes cast at the Governorship Election in Benue State held on the 11th day of April, 2015 and announced on 13th day of April, 2015.”

In his petition, appellant pleaded facts relating only to the first ground of his petition. He pleaded no facts in respect of the second and third grounds of his petition and the said two grounds were deemed abandoned and struck out. It follows that the appellant conceded that he did not challenge the declaration and return of the appellant on

2

either of the said grounds. The petition was determined exclusively on the single ground that:

“Your petitioner states that the 1st Respondent, Ortom Samuel loraer was, at the time of the election, not qualified/disqualified to contest the election.”

The parties herein, through their respective learned Counsel, filed many other processes in addition to their respective briefs. It is surprising that so many various processes including the process in relation to the cross-appeal were filed in respect of the lone and simple issue in this appeal.

I have studied each process including the preliminary objection before going into the merit of the appeal, I will dispose of the preliminary objection of the 1st Respondent which relates to the competence of the petition. The preliminary objection was predicated on the following two grounds:

“(i) The appellant is pursuing this appeal as an independent candidate contrary to S. 221 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

(ii) The ultimate reliefs sought by the petitioner/appellant is not grantable in law by virtue of S.140(2) of the Electoral Act, 2010 (as amended).”