Independent National Electoral Commission & 3 Ors V. Ezugwu Joel Ifeanyi D. & 5 Ors (2008)

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Olukayode Ariwoola, J. C. A.

This is an appeal against the decision of the National Assembly, Governorship and Legislative Houses Election Petition Tribunal, Enugu State in Petition No NAGL/EPT/EN/NA/32/2007 between Ezugwu Joel Ifeanyi v. Independent National Electoral commission and Ors. Delivered on 11th December, 2007.

This appeal was heard on 14/10/2008. The 3rd – 6th Respondents in the case were not represented by any Counsel and they did not file any brief of argument in the appeal. There was however proof of service of hearing notice on them that the Appeal was to be heard.

On the 21th April, 2007, the Independent National Electoral Commission (INEC) (herein after referred to as the 1st Appellant) conducted election into the National Assembly for the House of Representatives, in particular, for the seat of Nsukka/Igho Eze South Federal Constituency. Ezugwu Joel Ifeanyi D. was the candidate of All Progressive Grand Alliance (APGA) in the election while the 2nd Respondent, Dr. Patrick Asadu was the candidate of the 3rd Respondent, Peoples Democratic Party. At the conclusion of the election, INEC, the 1st Appellant declared Dr. Patrick Asadu as the winner of the National Assembly scat of the House of Representatives in Nsukka/lgbo Eze South Federal Constituency. As a result of the declaration, the 1st Respondent herein filed a petition dated 17th May, 2007 on 22nd May 2007 praying for the following:

(a) An order nullifying the purported election of 21st April, 2007 held in Nsukka/Igbo Eze South Federal Constituency.

(b) IN THE ALTERNATIVE: An order declaring that the 3rd Respondent was not duly elected by majority of lawful votes cast at the election.

(c) An order setting aside the purported announcement/return of the said Elections and withdrawing any certificate of return purportedly issued the 1st respondent.

(d) An order directing the appropriate government agencies to commence without delay immediate prosecution of any body Or official found to have breached any provisions of the Electoral Act or the constitution of the Federal Republic of Nigeria.

(e) An order directing INEC to conduct a free and fair, transparent election in the said constituency in which nobody or official indicated in the petition herein, hall participated in conducting.

It is note worthy that the major grounds upon which the Petitioner based his claim are as follows:

(i) That the Respondents jointly and severally by themselves or through their agents committed corrupt practices and breach of Electoral Act, 2006 before, during and after the section of 21st April, 2007

(ii) That there were gross irregularities, malpractices, breach of and compliance with the Electoral Act, multiple voting, thuggery, harassment and disenfranchisement of voters; violent falsification of result in all the polling station in the two Local Government Area in the constituency concerned.

At the conclusion of the trial, the tribunal held that the Issue of corrupt practices as alleged was not proved beyond reasonable doubt as required. But the petition succeeded on the other ground and the election conducted on 21st April, 2007 into Nsukka/ Igbo Eze South Federal Constituency in which Dr. Patrick Asadu was declared and returned winner was nullified. The INEC was ordered to conduct fresh election into the said Federal Constituency within ninety days thereof.

Dissatisfied with the above decision of the Tribunal, INEC and others filed a Notice of Appeal dated 18th December, 2007 with the following four grounds which I hereby reproduce without their particulars:-