Mr. Bright Osayande V. Hon. Edoba Aikpitanyi (Pdp Candidate) & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment)

The Appellant and 1st Respondent were candidates at the election into the Edo State House of Assembly for Member representing Ovia North-East Constituency 11. Aggrieved by the fact that the Appellant, a candidate of the Action Congress [AC], was declared winner, the 1st Respondent, who was the candidate of the Peoples Democratic Party [PDP], filed an Election Petition at the Edo State National Assembly, Governorship and Legislative Houses Election Petition Tribunal, wherein he asked that it be determined that-

(a) (The Appellant herein) was not elected and/or declared returned by a majority of valid votes at the election in that without the election at Oghede Ward, the overall result of the election in the Constituency is inconclusive. There can be no majority of lawful votes from an inconclusive election. (Highlight his)

(b) The election was not conducted substantially in accordance with the provisions of the Electoral Act. Guidelines and Regulations with particular reference to the denial of the voters in the Petitioners’ home ward “Oghede” and that the said non-compliance substantially affected the results of the election. (Highlight his)

(2) In the interest of justice, this Hon. Tribunal orders that an election be conducted in Oghede Ward to enable the deprived voters in the ward (including the Petitioner and his family or kinsmen) the opportunity to vote to determine the winner in the inconclusive election.

The 1st Respondent further prayed the Tribunal for the following

(a) That the election/Return of (the Appellant herein) is invalid by reason of corrupt practices or substantial non-compliance with the provisions of the Electoral Act or Guidelines by reasons of the denial of registered voters of Oghede Ward from exercising the franchise to vote for a candidate of their choice.

(b) That a Bye-Election in the Constituency (particularly in Oghede Ward) be held or ordered due to the facts pleaded above.

(c) That the election held in Ovia North – East LGA, Edo State House of assembly Constituency II ought to be nullified and fresh election conducted particularly in the affected ward to determine the overall results and winner of the Election in the Constituency.

(d) The election as it stands is inconclusive without the election and results in Ogbede Ward.

The Grounds on which the election was being questioned are-

(a) That the election was invalid by reason of corrupt practices or non-compliance with the provision of the Electoral Act.

(b) That (the Appellant herein) was duly elected by majority of lawful votes cast at the election.

(c) That the Election conducted in Constituency was inconclusive by reason of the failure of INEC to conduct the Election in the Petitioner’s home ward, Oghede which failure or omission has substantially affected the outcome of the whole election.