Lady Margery Okadigbo V. Prince John Okechukwu Emeka & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

In the National Assembly election which held throughout the country on the 9th day of April 2011. The 1st Respondent Prince John Emeka was declared the winner of the senatorial seat for Anambra North Senatorial District on the platform of the 3rd Respondent (PDP) by the 2nd Respondent.

The appellant who also claimed to be a candidate of the 3rd Respondent (PDP) at the said election felt aggrieved with the development and consequently filed a petition in the National Assembly Election Petition Tribunal sitting in Awka Anambra State wherein she prayed for the following reliefs:-

1. An order disqualifying the candidature of the 1st Respondent as candidate for the April 9th election into Anambra North Senatorial District as not having been sponsored by any political party.
2. An order returning the petitioner as the elected candidate in the April 9th senatorial election having polled the majority of lawful votes cast at the said election.
3. An order directing the 3rd Respondent to issue certificate of Return to the petitioner being the winner of the said election.

The 1st Respondent at the trial tribunal filed a notice of preliminary objection in his reply to the petition on the following grounds:-

1. The entire petition is predicated on pre-election matters.
2. The matters raised on the grounds of the petition do not qualify as grounds specified by the electoral Act 2010 for questioning the validity of an election petition.
3. The matters on which the petition is predicated are not within the jurisdiction of the Honourable Tribunal.

The 2nd Respondent also in her reply to the petition raised a preliminary objection and the grounds are:-

1. The petition is founded on matters squarely bordering on pre-election dispute.
2. The matters so raised in the petition do not qualify as grounds specified by the Electoral Act 2011 and the constitution of the Federal Republic of Nigeria 1999 for questioning the validity of an election.
3. The petitioner failed to join as respondents persons whose presence cannot be dispensed with for an adjudication of the issues raised herein.
4. The tribunal lacks jurisdiction to adjudicate over the matters on which this petition is predicated.

Written addresses were duly filed, exchanged and adopted by the parties and in a considered Ruling delivered by the tribunal on the 29/6/11, it was held as follows:-

“Having reached a finding:-

1. That this tribunal lacks jurisdiction to entertain this petition as it is predicated on pre-election issues, and
2. That the petitioner has no locus standi to present and maintain this petition, the preliminary objection succeeds and we accordingly order that this petition be and is hereby struck out.”

Being dissatisfied with the said Ruling the appellant filed a Notice and 6 grounds of Appeal dated 11/7/11 and filed on the same day.

In accordance with the relevant statutes and Practice direction, briefs of argument were duly filed and exchanged by the parties. The appellants brief of argument dated and filed on 14/7/11 was settled by Chuma Oguejiofor (Esq). The 1st Respondent’s brief dated 18/7/11 but filed on 19/7/11 was settled by Prof. Ilochi A. Okafor SAN. That of the 2nd Respondent was dated 21/7/11 and filed on 22/7/11. It was settled by Alhaji S. O. Ibrahim.

The 3rd Respondent’s brief dated 4/8/2011 but deemed properly filed on 9/8/11 was settled by Emeka Ajaegbo (Esq).

At the hearing of the Appeal on 9/8/11 the parties duly adopted and relied on their respective briefs of argument and replies.

In the Appellant’s brief of argument, one sole issue was distilled from the six grounds of appeal for determination as follows:-

1. “Whether the learned trial tribunal was right in holding as it had done that it lacked jurisdiction to hear the petition and should the said tribunal not have assumed jurisdiction in the matter and determined that the petitioner/appellant was the person who contested and won the election to the Anambra North Senatorial District in the Election held on 9/4/2011 as the PDP candidate in the said election and who ought to be returned as winner of the said election.”

The 1st Respondent also raised one issue for determination as follows:-

“Whether the learned tribunal was right in striking out the petition on the ground that it is founded on pre-election matters and lack of locus standi of the petitioner.”