Iniobong Titus Okpoido V. Dr. Francis Udoikpong & Ors (1999)

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EKPE, J.C.A.

This is an appeal from the ruling of that Local Government Election Tribunal, Akwa Ibom State, sitting at Uyo in the election petition No. LGET/AK/31/98, filed by the appellant. The ruling was delivered on the 3rd of February, 1999, and the election petition was struck out. The petitioner now the appellant was a candidate for the chairmanship election for Ika Local Government Council under the platform of Peoples Democratic Party (P.D.P). The election was held on the 5th day of December, 1998. Other candidates who vied in the said chairmanship election were the 1st respondent, Dr. Francis Udoikpong, or the All Peoples Party (A.P.P) who was declared the winner and one Dr. Justin Idiong under the platform of Alliance for Democracy (A. D) who was not made any in the petition. The appellant in his petition complained of electoral malpractices such as corrupt practices, thuggery, irregularities and other electoral offences that made the election inconclusive and a mockery. He also complained that at some wards within the said Ika Local Government Area, electoral materials were not sent resulting in no election thereat. The appellant further complained that at the close of the election on the 5th day of December, 1998, there were no results at all in any of the units throughout the said Local Government Area as none was announced and/or declared for any of the councillorship and/or for the chairmanship election. He asserted that on Tuesday, the 5th of December, 1998, three days after the election, the 3rd respondent purportedly announced the forged results declaring the 1st respondent elected and ordered that bye-election be held for the councillorship candidates in four wards in the Local Government Area. The appellant in his election petition therefore prayed the Election Tribunal that the purported election of the 1st respondent be cancelled or declared nullified as a result of substantial disturbance intervening in the course of the election, and a fresh or bye-election be ordered by the honourable Election Tribunal throughout Ika Local Government Area for the purpose of electing the Chairman. The 1st respondent whose election to the office of Chairman of Ika Local Government Council, Akwa Ibom State, was being challenged by the appellant at the Election Tribunal filed a memorandum of conditional appearance to the election petition and followed up with the filing of motion on notice the Election Tribunal praying for an order dismissing the petition on the ground that it was filed outside the statutory period allowed for filing election petitions pursuant to section 82 of Local Government (Basic Constitutional and Transitional Provisions) Decree No. 36 of 1998. The motion was dated 12th January, 1999 and was filed on the 13th of January, 1999 with an affidavit in support. I shall reproduce the salient paragraphs or the affidavit as follows:

‘”(1) That on the 5th of December, 1998 I was elected Chairman of Ika Local Government Area and I have been served with a petition filed on the 21st of December, 1998, challenging the said election by Iniobong T. Okopido who contested the election on the platform of the PDP.

(2) That the result of the election was announced at INEC office Ika Local Government Area on the night of the 5th December 1998 whereat I was issued with Form EC8E (Declaration of Result of Election or Chairman or Council, Ika Local Government Area) annexed hereto as Exhibit ‘A’.

(3) That my solicitor, Chief Assam, advised me and I believe him that the petition is incompetent having been filed out of time and I verily believe him.”

The appellant filed a counter-affidavit of 9 paragraphs in answer to the 1st respondent’s affidavit in support of his motion. Because of the importance attached to this affidavit, I shall set out the paragraphs wholly:

“(1) I am and (sic) the petitioner/respondent and haw been served with the motion paper of the 1st respondent/applicant herein.

(2) I deny paragraphs 1-5 of the affidavit that elections were held on 5/12/98 in Ika Local Government and the results released and/or declared at INEC Ika Local Government Area or any where else throughout Akwa Ibom State for that matter.

(3) The first batch of results for the 5/12/98 elections were announced on 6/12/98 without that of Ika Local Government Area which had not yet been declared as they were no elections. A copy of the result prepared and announced by INEC, Uyo on 6/12/98 is exhibited hereto and marked ‘AA’.

(4) Exhibit • AA’ was released in a press conference held at the INEC Headquarters, Urban Street, Uyo by the Resident Electoral Commissioner (REC) and widely attended by journalists from media houses in the State.

(5) According to the REC at the press conference, the Ika Local Government Area results were unacceptable because the 2nd respondent brought them in pieces of paper.

(6) The results from Ika Local Government Area were being awaited till 8/12/98 when the applicant in concert with other respondents to this petition finally cooked up same and about mid-day on 8/12/98 the 3rd respondent through the INEC purportedly announced the result for Ika Local Government Area and schedules of elections when: run-off and bye-elections were made. A copy of the press release signed by Bassey Ekanem for the REC is exhibited hereto and marked ‘AB’,

(7) The fact that the Ika Local Government Area chairmanship election result was being awaited till 8/12/98 as announced by INEC, Uyo, was a common knowledge in Akwa Ibom State and beyond and was widely reported in the electronic and print media as shown in Exhibit’ AC’,

(8) The petition was actually assessed and paid for on 18/12/98 but the Registry had run out of receipt and could only issue same on 21/12/98