Independent National Electoral Commission (INEC) & Ors v. Dr. Glory Emmanuel Edet & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BALKISU BELLO ALIYU, JCA (Delivering the leading judgment)

This appeal is against the judgment of the National and States Houses of Assembly Election Petition Tribunal, Akwa Ibom State, sitting at Uyo, delivered on the 10th November, 2023 in respect of petition No: EPT/AKW/HR/12/2023 filed by the 1st and 2nd respondents as petitioners against the appellant and the 3rd and 4th respondents.

The petition was a challenge to the declaration and return of the 3rd respondent as the winner of the election for member, House of Representatives representing Ikono/Ini Federal Constituency of Akwa Ibom State. The election was conducted by the appellant on the 25th February, 2023 and concluded with a supplementary election of 15th April, 2023.

The 1st respondent contested the election as the candidate of the 2nd respondent, while the 3rd respondent contested under the platform of the 4th respondent.

The appellant (INEC) declared the 3rd and 4th respondents as winners of the election having scored 19, 926 votes while the 1st and 2nd respondents came second with 15, 765 votes.

The 1st and 2nd respondents challenged the declaration and return of the 3rd respondent as winner of the election on the following grounds:

1. The election was invalid by reasons of non-compliance with the provisions of the Electoral Act, 2022.
2. The 1st respondent was not elected by the majority of the lawful votes cast at the election.

The appellant was the 3rd respondent in the petition. The facts pleaded by the 1st and 2nd respondents in support of the grounds of the petition are that there are 281 polling units in the Ikono/Ini Federal Constituency of Akwa Ibom State made up of 168 polling units in Ikono LGA and 113 Polling Units in Ini LGA respectively.

In the contested election, out of the 168 polling units in Ikono LGA, the results of 31 polling units were cancelled, with the total number of voters therefrom as 16,507 out of whom 15,126 voters collected their permanent voters cards (PVCs). They also pleaded that out of the 113 polling units of Ini LGA, results of two (2) polling units were cancelled, and the registered voters in those two polling units are 1,352 out of whom 1,196 collected their PVCs.

They stated in paragraphs 29 and 30 of the petition that the total number of eligible voters disenfranchised by the cancellation of the 33 polling units in Ikono/Ini Federal Constituency in Akwa Ibom State in the election conducted on the 25th February and 15th April, 2023 is 16,322.

That by a simple mathematical calculation, if the purported winning votes of 4,161 votes are subtracted from 16,322 disenfranchised voters in the 33 polling units, the outstanding number is 12,161 which is three time above the winning margin between the 1st respondent and the 3rd respondent.

Therefore, the declaration of the 3rd respondent was made contrary to the Electoral Act, 2022 and the appellants (INEC) Regulations and Guidelines for the Conduct of the Election 2022 and the Manual for Election Officials, 2023.

The 1st and 2nd respondents did not challenge the results of the election of 25th February, 2023 in the 137 polling units out of the 168 polling units that make up the Federal Constituency. In paragraph 65 of the petition, they stated the total number of the votes scored by the 1st respondent from the result of the election in the 137 unchallenged polling units as 15,765 for the 1st and 2nd respondents while the 3rd and 4th respondents scored 19,926 votes as stated in INECs Form EC8E(II).

They asserted that the appellant declared the election conducted with the above scores of the parties inconclusive and ordered for a re-run election on the 15th April, 2023. They also pleaded that since the appellant publicly announced that the supplementary/re-run election was cancelled, it violated the Electoral Act, 2022 and its Guidelines for the conduct of the election when it declared the 3rd respondent as winner of the disputed election.

Therefore, the declaration and return of the 3rd respondent as winner of the election was invalid for the stated reason. Upon these facts, the 1st and 2nd respondents (petitioners) prayed the tribunal for the following reliefs: