Independent National Electoral Commission & Ors V. Okwesa O. Anthony & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A.(Delivering the Leading Judgment)

This is a consolidated appeal in respect of Appeals No. CA/E/EPT/47/08 and CA/E/EPT/54/08. Both appeals were consolidated by the order of the court granted on 24/4/2010.

In Appeal No. CA/E/EPT/47/08, the Appellants who were the 2nd – 5th Respondent at the tribunal are appealing against the decision of the Anambra State Governorship/Legislative Houses Election Petition Tribunal, as contained in the judgment of I.M. Bako (Chairman) Bolaji – Yesuf M. H.A. Balogun, S.A. Bola and B.T. Ebuta JJJ delivered on Friday, the 22nd day of February, 2008 nullifying the election of the 1st Respondent to the petition.

The fact of this appeal is briefly stated as follows.

The petitioner was a candidate of All Progressive Grand Alliance (APGA) at the election held on 14/4/2007 for the Ogbaru II State House of Assembly Constituency. The 1st Respondent also contested the election at the end of which, she was returned as the winner of the election.

Aggrieved by the return of the 1st Respondent, the petitioner filed a petition at the Election Petition Tribunal sitting at Awka Anambra state praying for the following declarations:-

(1) That no election was conducted at all in the constituency on 14/4/2007.

(2) That the return of 1st Respondent was invalid, null and void,

(3) Nullification of the Election’

The trial tribunal relying on the evidence of the petitioner’s witnesses nullified the Election. Dissatisfied with the decision of the tribunal the Appellants filed a Notice and Ground of Appeal dated the 12th day of March, 2008.

Before hearing commenced in this appeal, the 1st Respondent Okwesa O. Anthony applied to withdraw his brief in this Appeal. The brief of the 1st Respondent withdrawn was accordingly struck out.

By withdrawing its brief, the 1st Respondent had technically withdrawn his participation in the Appeal.

In other words, he was no longer going to defend the appeal filed against him. In fact, learned counsel for 1st Respondent told the court that he had the instruction of his client to concede to this Appeal. The 2nd

Respondent on his part did not file any brief of argument. But urged the court to allow the Appeal.