Lucky M. Abaraonye V. Ray Emeana & 172 Ors. (2008)

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GALADIMA, J.C.A,

This is an appeal against the decision of the Governorship and Legislative Houses Elections Tribunal sitting in Imo State of Nigeria striking out the appellant’s petition on the 23rd day of August, 2007 on the ground that the petitioner failed to state the scores of the election.

The case of the petitioner hereinafter referred to as the “appellant” is that on the 14th day of April, 2007 election was held to determine the member representing Owerri North Constituency in the Imo State House of Assembly.

The appellant was one of the 5 candidates who contested the election and he did so on the platform of the All Progressive Grand Alliance (APGA) while the 1st respondent contested the election on the platform of the Peoples Democratic Party (PDP). The appellant’s case is that at the close of the polls on the said 14th day of April, 2007 no person was returned as elected because even though the election was duly held in 8 out of the 12 wards of the constituency the electoral body determined that the selection was inconclusive and scheduled fresh election in 5 out of the 12 wards of the constituency to be held on 28th April, 2007 but rather than hold any said fresh election in the 5 wards the electoral body proceeded to declare the 1st respondent as elected on the 28th April 2007. The relevant averments of the appellant on this issue are as contained in paragraphs 4,5,6,7,8,9.11 and 17 of the petition, hereunder reproduced for case of reference as follows:

“4. Election was fully held in 8 out of the 12 wards in the constituency and the candidates were duly scored votes as follows

a) Lucky M. Abaraonye 10809 votes

b) Ray Emeana 5118 votes

c) B.N. Mbata 1075 votes

e) Marcellinus Onuegwunwoke 278 votes

The petitioner shall rely on the form EC8A (1), showing the results from the polling stations as duly collated by the staff of the 2nd respondent.

5. No person was immediately returned after the election and on the 26th day of April, 2007, the 3rd respondent issued a press release in which he declare that election in 5 wards in the constituency was inconclusive and scheduled the 28th day of April, 2007 as the date to conduct election in the said 5 wards.
6. These wards are namely:

a) Obibiezena Ward

b) Emekuku Ward I

c) Emekuku Ward II

d) Obube/AgballaJUlakwo Ward