Mr. Enyi O. Chukwuma & Anor V. Deacon Celestine Igwe Nworji & Ors (2011)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
ADAMU JAURO JCA (Delivering the Leading Judgment)
This is an appeal against the judgment of the National and State Houses of Assembly Election Tribunal Ebonyi State, sitting at Abakaliki delivered on 17th October, 2011 in petition number EB/EPT/SHA/1/2011, wherein the tribunal nullified the election of the 1st Appellant.
A brief summary of the facts giving rise to this appeal is hereby made as follows: On the 26th April 2011, the 3rd Respondent (INEC) conducted State House of Assembly elections nationwide, Ebonyi state inclusive. The 1st Appellant and the 1st Respondent were among the candidates that contested the Ebonyi State House of Assembly elections for Ezza North-West State Constituency. Upon the conclusion of the election, the 3rd Respondent (INEC) declared and returned the 1st Appellant as the winner of the election, having polled a total of 7, 428 votes. The 1st Respondent came second with a total of 7, 148 votes. Peeved and upset by the declaration and return of the 1st Appellant as the winner of the election, the 1st and 2nd Respondents challenged same vide a joint petition filed at the National and State Houses of Assembly Election Tribunal Ebonyi State sitting at Abakaliki.
The petition of the 1st and 2nd Respondents dated 11th May, 2011 was filed the same day in the registry of the tribunal. Paragraphs 6, 7 and 8 of the petition captured the grounds upon which the petition is predicated. The said paragraphs are hereby reproduced thus:-
“6. Your petitioners state that they were the duly elected candidate and political party respectively having scored majority of valid votes cast at the said elected but were wrongly and unlawfully not declared winner.
- Your petitioners aver that their ground for questioning the result of the election was that the election result was invalid and or inconclusive by reason of corrupt practices and non-compliance with the provisions of the Electoral Act 2010 (as amended) and the fact that the 1st Respondent was not duly elected by majority of valid votes cast at the election.
- Your petitioners aver that the crux of their complaints arose from the 3rd respondent’s refusal or negligence to record the result of the votes cast for your petitioners at two polling booths which fall within their stronghold namely: Nweke Ekpuru (a.k.a. Nweke Okpuru) polling unit (009) Oriuzor Ward of Eza North L.G.A. and Umuekee Hall Polling Unit, 001, Inyere Ward also in the same Ezza North L.G.A.”
See page 2 of the Record of Appeal.
The 1st and 2nd Respondents as petitioners before the tribunal, prayed for the following reliefs in paragraph 32 of the petition, namely:-
“(a) WHEREFORE your petitioners pray that it be determined that the refusal of the 3rd Respondent’s Electoral personnel to record the result of elections in Nweke Ekpuru Polling Unit (009) Oriuzor Ward as counted and announced at the polling booth and non-counting and recording of votes cast in Umuekee Hall Polling Unit (001) Inyere Ward in Ezza North-West State House of Assembly Constituency have rendered the said result purportedly declared by the 3rd Respondent invalid and/or inconclusive for being a violation of the Electoral Act, 2010 (as amended).
(b) That the 1st Petitioner be declared the duly elected member of Ebonyi state House of Assembly, Ezza North-West Constituency, taking into account the votes so far declared in addition to that of Nweke Ekpuru Polling Unit (009) which is 706 votes and votes cast at Umuekee Hall Polling Unit (001) Inyere Ward yet to be counted.
(c) An order that votes as counted at Nweke Ekpuru Polling Booth (009) on 26/04/2011 be recorded for all the political parties.
(d) An order of Tribunal that the votes cast at Umuekee Hall Polling Unit (001) Inyere Ward be counted and recorded for each party in the alternative an order of the Tribunal for a re-election in the said Umuekee Hall Polling Unit (001) Inyere Ward to determine the wishes of the people who put their lives on line to save their votes.”
See page 7 of the Record of Appeal.
Upon the conclusion of pre hearing session, the tribunal commenced hearing in earnest. The petitioners called a total of six witnesses and tendered 7 exhibits, styled ‘P1’ to ‘P7’. The 1st Respondent called a total of 7 witnesses and tendered 7 exhibits marked ‘R1’ to ‘R7’. Upon the close of hearing, written addresses were filed, exchanged and adopted in court.
In its judgment at pages 249 to 250 of the record of appeal, the tribunal held thus:
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