Mr. C.I.D. Maduabum V. Hon. Ben Chuks Nwosu & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

MOHAMMED L.TSAMIYA, J.C.A.

This is an appeal against the decision of the Governorship/National Assembly and Legislative House Election Tribunal sitting in Awka, Anambra State, delivered on 3rd March 2008 in Suit No. EPT/AN/NAEHR/19/2007.

The facts of the case for the appellant briefly are that, the appellant was sponsored by the peoples Democratic party (PDP) (the 5th respondent in this appeal), to contest the’ election. That the election in the Federal Constituency Nnewi North/Nnewi South Ekwusigo) Scheduled for 21st April 2007 did not take place on the scheduled day because of obstruction on the distribution of election materials, threats of violence against INEC Officials and disruption of the conduct of the election. As a result of these unforeseen circumstances the election of 21st April 2007 was postponed to 22nd April 2007 by INEC and the postponement from 21st April – 22nd April 2007 was communicated to the entire federal constituency through the “National Orientation Agency, the use of town criers, public address systems, Radio announcements and notices given by both the Resident Electoral Commissioner, Electoral officers in the constituency, and the Notice was pested also at strategic places in the L.G.A. That after the postponement of the said election, the election materials were returned to the INEC Office at Awka. That on 22nd April 2007, elections were duly conducted in all the polling booths in the said Federal constituency, after which collation took place starting from ward, local government and the Constituency collation centres. It was the appellant, not a non-existent PDP candidate, that was declared the winner of the election having obtained the highest majority of votes cast at the election. That it was the appellant, (vide judgment of the Federal High Court Abuja in Suit No. FHC/ABJ/CS/90/2007) who was the PDP Candidate for the election. That the postponement of the election to 22nd April 2007 was made after due consultation with the agents of the concerned political parties, and accepted same as the only viable option.

For the 1st and 2nd respondents, the facts of their case briefly are” that the 1st respondent was the candidate sponsored by the 2nd respondent and the 2nd respondent is a political party that participated in the election in the Federal Constituency. That the said Federal Constituency consists of three local governments, namely Nnewi North, Nnewi South and Ekwusigo. That the National Assembly elections were fixed to take place nationwide on 21st April 2007. That the appellant and one Dr. Martin Igbokwe, the 4th respondent in this appeal were members of the PDP. That neither of these two persons, had at the time of the said election secured the sponsorship of the PDP to contest the election on its platform. That on 21st April 2007, the materials for the election arrived late at INEC Office in the said three Local governments. That as a result of late arrival of the materials it became impossible to distribute them to the polling booths. Consequently elections were not conducted in the Federal Constituency on 21st April 2007 and automatically no results could be generated from any of the polling booths. Notwithstanding, the INEC in explicably, declared what it calls, “PDP Candidate” (which is a non-juristic person), the winner of the election with 91,923 votes. That, since no elections in the said Federal Constituency conducted, the figures credited to the alleged “PDP Candidate”, as winner of the election, were made up from non-existent polling and collation results of the election. Dissatisfied, the 1st and the 2nd respondents, as petitioners, challenged the results of the election allegedly conducted. The 1st and 2nd respondents in their joint petition averred that:-

(a) the election is invalid by reason of substantial non-compliance with the Provisions of the Electoral Act 2006 and the guidelines thereof,

(b) the election is in valid by reason of corrupt practices.

(c) That the announcement of the non-existent “PDP Candidate”, as winner of the election is illegal, unlawful, null and void

The 1st and 2nd respondents closed their petition with a prayer which reads:

“(1) An order nullifying the elections allegedly conducted, and

(2) An order compelling the 5th – 97th respondents to conduct fresh polls for the said Constituency.”

The petition proceeded to full trial and the tribunal, after hearing the parties, delivered its decision upholding the 1st and 2nd respondent petition setting aside the return made and ordered fresh election be conducted.

Being dissatisfied with the said decision of the tribunal the appellant who was the 1st respondent in the petition appealed to this court on 24 grounds of appeal challenging the decision of the tribunal.

In accordance with the rules of this court, appellant filed his brief of argument on 7th July 2008 and the Reply brief on 27th October 2008. The 1st and 2nd respondents on receipt of the appellant’s brief of argument filed their, 1st and 2nd respondents’ brief on 13th October 2008. The 5th respondent (PDP) the political party which was the 4th respondent in the petition before the tribunal, did not file any brief.

So also the 3rd respondent (PDP Candidate) who was the 1st respondent at the tribunal. The 4th respondent (Dr. Martin Igbokwe) was the 2nd respondent at the tribunal did not also file any brief. The 6th – 97th respondents in this appeal who were the 5th – 92nd respondents at the tribunal filed their joint brief of argument on 19th August 2008.