Ikiriko Odhuluma Hope V. Barrister Joseph Elleh & Anor (2009)

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IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.

This is an appeal against the judgment of the Governorship & Legislative Houses Election Petition Tribunal, holden at Port Harcourt, Rivers State which was delivered in respect of petition NO. EPT/SA/20/2007 on 17/3/2008.

On 14/4/2007, the 2nd Respondent had conducted an election for membership of the state Houses of Assembly throughout the country. In Rivers State most especially, the Appellant and the 1st Respondent contested the said election for Ahoada West State Constituency in the Ahoada West Local Government under the platforms of the Peoples Democratic Party, and the Democratic Peoples Party, respectively. At the conclusion of the election in question, the Appellant was declared and returned as having won the election with a total of 13,635 votes. The 1st Respondent, on the other hand, was credited with 162 votes.

The 1st Respondent was however dissatisfied with the result of the election. Thus, on 14/5/2007, he filed a petition NO. EPT/SA/20/07 in the lower tribunal seeking the following reliefs:

1) A DECLARATION that the election purported to have been held or conducted by the 1st Respondent at Ahoada West Local Government Area Constituency II on Saturday, the 14th day of April 2007, was invalid by reason of corrupt practice and non-compliance with the provisions of the Electoral Act or Declaration that the election is null and void on the grounds that the manifest irregularities contravened fundamental provisions of the Electoral Act, 2006 which completely changed and/or mired the result of the election substantially.

(2) A DECLARATION that HOPE IKIRIKO the 2nd Respondent, was not duly elected by majority of lawful votes cast at the election.

3) AN ORDER of this Honourable court (sic) directing the 1st Respondent to conduct a fresh election for Ahoada West Local Government Area Constituency.

The petition was predicated upon two grounds, viz:

3.1. That the election was invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act.

3.2. That the 2nd Respondent was not duly elected by majority of lawful votes cast at the election.

The petition indeed proceeded to trial, at the conclusion of which the lower tribunal delivered judgment on 17/3/2008, to the effect, inter alia, thus:

ii) That the Electoral Officer wrongly exercised her power under section 54(4) of the Electoral Act, 2006 to return the 2nd Respondent as the winner of the Election in question.

iii) That the appropriate provision of the law to be invoked by the Electoral Officer in the circumstance of this election should have been section 54(2) of the Electoral Act, 2006 to declare same as null and void and to pave way for the conduct of another;

3. In accordingly, nullify the Election in dispute per section 147 of the Electoral Act, 2006.
4. We order that 1st Respondent should conduct another election into River state House of Assembly in Ahoada West Local Government Area/Constituency II within 90 days from today.

The present appeal is against the judgment of the lower tribunal in question. The notice of appeal, filed in the lower tribunal’s registry on 04/4/2008, was predicated upon a total of eleven grounds of appeal. Parties had filed and served their respective briefs of argument.