Hon. Terseer Tsumba & Anor V.gbileve Orhena Adugu & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LADAN TSAMIYA JCA, (Delivering the Leading Judgment)

This is an appeal against the ruling of the National/State House of Assembly Election Tribunal for Benue State (herein referred to as the ‘tribunal’ delivered on 13/10/2011 striking out the petition of the petitioners, (herein referred to as the appellants), in favour of the respondents. The ruling appealed against is at pages 611-625 of the record of appeal (herein referred to as the records).

The summary of the facts leading to this appeal is that election was conducted by the 3rd respondent into the Buruku State Constituency for membership of the Benue State House of Assembly on 26/04/2011. At the end of the election the 3rd respondent declared the 1st respondent as the winner of the election.

Dissatisfied with the declaration and return of the 1st respondents, the appellants filed a petition challenging the results of the said election which was declared on 27/04/2011. The grounds of the petition are as follows:-

a. That the 1st respondent was not duly elected by a majority of lawful votes cast at the said election which results were announced on 27/04/2011,

b. That the said election was invalid by reason of non-compliance with the provisions of the Electoral Act 2010 (as amended).

c. The election was invalid having been marred by violence in the Buruku Constituency by armed thugs recruited by the 1st and 2nd respondents who were actively aided by armed security personal deployed on election day.

d. That the 1st respondent was at the time of the election not qualified to contest the election.

The particulars supporting the above grounds of the petition are contained on pages 4 – 23 of the records.

The appellants ended with the following prayers:

a. That the 1st respondent was not duly or validly elected and or returned as member Benue State House of Assembly by a majority of lawful votes cast pursuant to the Electoral Act, 2010 (as amended): consequently, his return by the 3rd respondent on the 26th April, 2011 is null and void and of no effect whatsoever.

b. That the Benue State House of Assembly election Buruku Constituency held on the 26th April, 2011 was not conducted in accordance with the electoral Act, 2011 and is therefore void.

c. That the Benue State House of Assembly election Buruku Constituency held on the 26th April, 2011 having been marred by intimidation, beatings, killings and harassment of voters, snatching and diversion of election materials was not free and fair and therefore void.

d. An order of the tribunal directing fresh elections to be conducted for Benue State House of Assembly Buruku Constituency.