Hope Democratic Party [hdp] V. Mr. Peter Obi & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment)

The Applicant fielded a candidate at the Anambra State Governorship Election that held on the 6th of February 2010, and dissatisfied with the declaration of the 1st Respondent as the Governor of Anambra State; it filed an election Petition at the Governorship Election Petition Tribunal.

After losing at the Tribunal, it filed an appeal in this Court, and in our Judgment delivered on 24th February 2011, this Court dismissed the appeal and affirmed the decision of the Tribunal. Ordinarily, the matter should have ended there as the appeal was filed before the Constitution was amended, and this Court was still the final Court in election matters.

But the Applicant wants to take one more bite at the cherry. It has come back to this Court to ask us to set aside the said Judgment because –

1) ‘Exhibit “D” the certified true copy of the Judgment furnished to the Appellant by this Court on March 8, 2011 as the written Judgment delivered on February 24, 2011 , is a sham Judgment;

(a) The Judgment purports to be a written decision in the above appeal delivered on February 24, 2011.

(b) The content of the Judgment contradicts the fact that the decision was in writing when it was delivered on February 24, 2011.

2) The Judgment in the above appeal is null and void because the Court failed to deliver its decision in writing in fragrant violation of Section 29 (1) of the 1999 Constitution, as amended:-

(a) At page 22 of the lead Judgment Hon. Justice R.C. Agbo, JCA stated thus:

“In the words of my lord Hussein Mukhtar JCA in the lead Judgment delivered this morning.

“The words or phrase ‘all the vote cast” under S. 179 (2)(b) must refer only to valid votes but certainly excludes invalid votes. After all an invalid vote is as good as never cast at all and cannot be countenanced in the calculation of % of votes in each of at least 213 of the local Government Areas in the State.

It will be like counting both the living and the dead in a census exercise. An invalid vote is not a vote at all and cannot be countenanced in the computation of the votes cast in an election.” This determination is binding on us and determines the principal issue in this appeal.”

(Underlining supplied for emphasis)

(b) The decision included events that took place on the day the Judgment was delivered.