Labour Party v. Uchechukwu Onyeagocha & Ors (2023)

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, Imo State sitting at Mararaba, Nasarawa State delivered on the 15th September, 2023 in respect of petition No: EPT/IM/SEN/21/2023.

The petition was filed by the 1st and 2nd respondents against the appellant who was the 2nd respondent and two others. In their petition the 1st and 2nd respondents stated that on the 25th February, 2023, the 4th respondent (INEC) conducted election in Imo East Senatorial District of Imo State for a seat in the Senate of the Federal Republic of Nigeria.

The appellant sponsored the 3rd respondent for the election while the 1st respondent was the candidate of the 2nd respondent and both candidates contested alongside others sponsored by their respective parties.

At the conclusion of the election, the 4th respondent announced the results and declared the 3rd respondent (candidate of the appellant) as the winner of the election and returned him elected as the Senator representing Imo East Senatorial District having scored 92,143 votes while the 1st respondent, candidate of the 2nd respondent came second with 88,712 votes, thereby leaving a margin of lead of 3,431 votes between them.

The 1st and 2nd respondents disagreed with the return of the 3rd respondent as winner of the election, and they filed the petition challenging it on two grounds that:

1. The election of the 3rd respondent is invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act, 2022 (as amended).

2. That the 3rd respondent was not duly elected by the majority of lawful votes cast at the election.

Upon the two grounds, the 1st and 2nd respondents (as petitioners) prayed the tribunal for the following reliefs:

1. That it may be determined that the 3rd respondent who was sponsored by the 2nd respondent was not duly and validly elected in the said election and therefore the declaration and return of the 3rd respondent by the 1st respondent as the elected Senator to represent Imo East Senatorial District at the National Assembly is unlawful, undue, null, void and of no effect.

2. An order directing the 1st respondent to withdraw immediately the Certificate of Return already issued to the 3rd respondent.

3. That it may be determined that the 1st respondent ought to have added the following valid and lawful votes earned to the 1st petitioners total votes:

i. One thousand two hundred and three (1,203) votes reduced from form EC8C to EC8D in respect of Owerri Municipal Council results.

ii. By adding to the petitioners voted nine hundred and three (903) votes, as canvassed and proved in paragraphs 34-35 of this petition.