Jacobson B. Mbina & Anor V. Independent National Electoral Commission & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the National and State Houses of Assembly Election Petition Tribunal for Rivers State, sitting in Abuja delivered on the 27th of June 2017, Coram Hon. Justice Goddy I. Anunihu, Hon. Justice Mukhtari Yushau and Hon. Justice Rose G. Soji; dismissing the petition for lack of merit.

Dissatisfied with the said decision the petitioners/appellants filed two separate notices of appeal on the 6th of July 2017 and 13th of July 2017 respectively. The first notice of appeal filed on the 6th of July 2017 was abandoned, thus relying on the notice filed on the 13th of July 2017 containing eleven grounds of appeal.

The 1st petitioner/appellant was the candidate of the 2nd appellant, and contested the election into the membership of the House OF Representatives for the Eleme/Tai/Oyigbo Federal Constituency conducted by the 1st respondent on the 11th of April 2015, which was nullified by this Court on the 11th December 2015 with an order directing the conduct of fresh election within 60 days.

?In compliance with the order of this Court the 1st respondent

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conducted the re-run on the 19th of March 2016, and a supplementary election on the 10th of December 2016 leading to the emergence of the 2nd respondent as the winner; dissatisfied, the 1st respondents/appellants petitioned challenging the election on the grounds that:

1. The election of the 2nd respondent was invalid by reason of non-compliance with the provisions of the Electoral Act, 2010, as amended.
2. The 2nd respondent was not duly elected by the majority of the lawful votes cast at the election.

At the trial the appellants prayed for the following reliefs:

“i. That it may be determined and thus determined the 2nd Respondent Mpigi Barinada, was not duly elected or returned by the majority of lawful votes cast at the re-run election for Eleme/Tai/Oyigbo Federal Constituency seat held on 19th March 2016 and 10th December 2015.

ii. That it may be determined and thus determined that the Eleme/Tai/Oyibo Federal Constituency re-run election held on the 19th March 2016 and 10th day of December 2016 be nullified.

iii. An Order directing the 1st Respondent to conduct a fresh election for the Eleme/Tai/Oyigbo Federal Constituency

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seat in accordance with the Electoral Act.

IN THE ALTERNATIVE