Independent National Electoral Commission (INEC) & Anor V. Hon. (Barr) Joe Etene (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment)

By the originating summons dated and filed on the 24/3/2011 at the Registry of the Federal High Court, sitting at Calabar, the Respondent had submitted the following questions for determination by that court:-

“1) Whether Law No.7 of 2007 passed by the Cross River State House of Assembly pursuant to Section 4(7) and Section 8(4) of the 1999 Constitution and the inherent legislative power of the Cross River State House of Assembly which came into force on the 12th April, 2007 was validly passed.

2) Whether the defendants have the power to declare any part of Akpabuyo or Bakassi Local Government Area as “unceded part” of Bakassi peninsular and so carry out registration of voters only in those areas as the new Bakassi Local Government without regard to Law No. 7 of 2007 of the Cross River State House of Assembly.

3) Whether the defendants can be compelled to conduct elections in the 3 wards of Ikang in Bakassi Local Government Area which inhabit the displaced people of Bakassi and count the votes under Bakassi Local Government.

4) Whether the defendants can validly register voters in the 3 ward of Ikang in Bakassi Local Government and then count the votes under Akpabuyo or divide the votes between Akpabuyo and Bakassi when Ikang is not under Akpabuyo as currently constituted by Law No. 7 of 2007.

Upon the determination of these questions, the Respondent claimed reliefs on the summons as follows:-

(1) A declaration that Law No.7 of 2007 passed by the Cross River State House of Assembly pursuant to Section 8(4) and Section 4(7) of the 1999 Constitution and the inherent legislative power of the Cross River State House of Assembly which came into force on the 12th April, 2007 was validly passed.

(2) A declaration that the defendants do not have the power to declare any part of Akpabuyo or Bakassi as the “unceded” part of Bakassi Peninsular and carry out Registration of voters only in those areas as the new Bakassi Local Government Area without regard to Law No. 7 of 2007 of the Cross River State House of Assembly.

(3) A declaration that the registration of voters by the defendants in the three wards of Ikang and counting them under Akpabuyo or dividing same between Akpabuyo and Bakassi is unconstitutional, null and void and same should be counted for Bakassi only.

(4) A declaration that the defendants should conduct elections in the 3 wards of Ikang in Bakassi which inhabit the resettled people of Bakassi and count the votes under Bakassi Local Government Area as Ikang is not under Akpabuyo Local Government Area.

After the filing and exchange of affidavit and addresses by the learned counsel for the parties, the Federal High Court on the 8/7/2011 entered judgment in favour of the Respondent and granted all the four (4) reliefs above.

Being dissatisfied with that judgment, the Appellants filed a notice of appeal against it on the 5/8/2011 on three (3) grounds from which three (3) issues were formulated for determination in the Appellant’s brief filed on the 1/6/12. The issues are thus:

ISSUE 1: