Mary Chinelo Chidebelu & Anor V. Obinna Chris Emenaka & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO – SODIPE, J.C.A (Delivering the Leading Judgment)

This is an appeal against the decision of the National and State Houses of Assembly Election Tribunal, Awka Anambra State, (hereafter simply referred to as “the Tribunal”) dismissing Petition No. EPT/AN/HA/28/2011 as an abandoned Petition in a consolidated Ruling delivered on 9/9/2011.

The Appellants as Petitioners instituted Petition No.EPT/AN/HA/28/2011 (hereafter simply referred to as “the Petition”) on 17/5/2011 before the Tribunal challenging the declaration and return of the 1st Respondent by the 2nd Respondent as the winner of the Anambra State House of Assembly election for Anambra East Constituency held on 26/4/2011. The 1st Appellant contested the questioned election on the platform of the 2nd Appellant. The Appellants averred to the effect that the 1st Respondent claimed to have been sponsored by the 5th Respondent and was put forward by the 2nd Respondent as the person that contested the questioned election as the candidate of the aforesaid 5th Respondent. The Appellants further averred that to the effect that the 3rd and 4th Respondents respectively were in addition to the 1st Respondent sponsored by the 5th Respondent as its candidates in the questioned election and would be affected by any decision rendered by the Tribunal in the Petition. The grounds of the Petition as set out in paragraph 10 thereof are: –

“(a) The return of the 1st respondent as the person elected at the State House of Assembly Election for Anambra East Constituency held on April 26, 2011, was invalid by reason of substantial non compliance w1h the provisions of the Electoral Act, 2010 in the conduct of the election.

(b) The 1st, 3rd and 4th respondents at the time of the election were not qualified to contest the election.

(c) The 1st respondent was not duly elected by the majority of lawful votes cast at the election.”

The prayers sought by the Appellants as set out in paragraph 22 of the Petition read thus: –

“(a) That it be declared that the House of Assembly Election for Anambra East Constituency Anambra State held on 26th April, 2011, is void for substantial non compliance with provisions, principles and spirit of 1999 Constitution and the Electoral Act 2010 in the conduct of the election.

(b) That it be declared that the 5th Respondent did not sponsor any candidate in the House of Assembly Election for Anambra East Constituency Anambra State held on 26th April, 2011.

(c) That it be declared that the House of Assembly Election for Anambra East Constituency Anambra State held on 26th April, 2011 is void as the 1st respondent at the time of the election was not qualified to contest the election.

(d) An Order setting aside the purported participation of the 1st, 3rd and 4th respondents in the House of Assembly Election for Anambra East Constituency Anambra State held on 26th April, 2011 as well as the return of the 1st respondent as the winner of the election.

(e) A declaration that the election at Ama-Enugwu I, 002, Ama-Enugwu II, 003, Ama-Isikwe 005, Iwuno Square I, 013, Iwuno Square I, 014 and Umuagama square 015 Polling Units of Enugwu Otu ward, Ilo Nnadi square 001, Oye Abata Square 002, College of Education II 004, Otakwu Square 006 Polling Units of Nsugbe Ward II, Umuokpoloba Square 006, Umuanwunu Square 004, Central School 001 Polling Units of Aguleri Ward II, Umuriabor II code 006 Ezi Agulu Otu Ward, Madonna Secondary School code 003 polling unit Otuocha Ward II, Amabegwu square 1 code 008 polling unit Nando Ward II and results returned thereat are void for reason of corrupt practices/manipulations perpetrated by respondents.

(f) A declaration that the House of Assembly Election for Anambra East Constituency Anambra State held on 26th April, 2011 is inconclusive by reason of the invalidity of the election at Ama-Enugwu I, 002, Ama-Enugwu II, 003, Ama-Isikwe 005, Iwuno Square I, 013, Iwuno Square II, 014 and Umuagama Square 015 Polling Units of Enugwu Otu Ward, Ilo Nnadi Square 001, Oye Abata Square 002, College of Education II 004, Otakwu Square 006 Polling Units of Nsugbe Ward II, Umuokpoloba Square 006, Umuanwunu Square 004, Central School 001 Polling Units of Aguleri Ward II, Umuriabor II code 006 Ezi Agulu Otu Ward, Madonna Secondary School code 003 polling unit Otuocha Ward II, Amabegwu square 1 code 008 polling unit Nando Ward II and non holding of election at Ilo-Abah C.P.S code 003 polling unit Nsugbe Ward 1.

(g) An order that fresh House of Assembly Election for Anambra East Constituency Anambra State be conducted OR IN THE ALTERNATIVE.