Mr. Jethro Funsho Oni (Alias Chop Chop) V. Aiyenale Fred Jimoh & Ors (2008)

LawGlobal-Hub Lead Judgment Report

OYEBISI F. OMOLEYE, J.C.A.

This is an appeal against the Governorship/Legislative Houses Elections Tribunal Kogi State, holden at Lokoja delivered on 6/8/07.

The brief background facts of this case are that both the 1st Respondent on the platform of Action Congress (AC) and the Appellant on the platform of Peoples Democratic Party (PDP) contested for membership of Kogi State House of Assembly representing the Kabba/Bunu Constituency in the 14/4/07 general elections in Nigeria.

At the close of the elections, the Appellant was declared the winner on the ground that he scored the majority of the lawful votes cast at the said ejection.

Dissatisfied with the outcome of the election, the 1st & 2nd Respondents filed a petition at the trial Tribunal on 12/5/07 challenging the election and return of the Appellant. The said petition was anchored on the grounds that;

(a) the election was invalid by reason of corrupt Practices and or non-compliance with the Electoral Act, 2006 and

(b) the Appellant was not duly elected by majority of the lawful votes cast as the election and was not duly returned as the winner of the April, 24, 2007 House of Assembly of Kogi State for Kabba / Bunu Constituency.

The 1st & 2nd Respondent premised their petition on the following alternative ground:

An order of the trial Tribunal nullifying the Election to the Kogi State House of Assembly for Kabba/Bunu Constituency held on 14/4/07 and order for fresh election.

The Appellant duly filed a Reply to the petition.

The 3rd – 116th Respondents on the one side and the 117th Respondent on the other made attempts by way of applications for leave to file their Replies to the petition out of time. They were however refused in the considered rulings of the trial Tribunal. These are contained in pages 232 – 235 and pages 228 – 230 of the record respectively.

In proof of the petition, the 1st & 2nd Respondents called ten witnesses. They also tendered exhibits marked Exhibits 1 – 1K, 1L and 2-2K.

The Appellant in his defence called eleven witnesses including himself and tendered exhibits marked Exhibits R1 – R10 and 10a.

At the close of trial, the trial Tribunal ordered parties to file and exchange written addresses which the parties obeyed. The written addresses were adopted by the parties’ counsel on 20/7/07 before the trial Tribunal. On 6/8/07, in its judgment, the trial Tribunal found in favour of the 1st & 2nd Respondents and nullified the election of the Appellant on the grounds that the Appellant was not validly returned, the election having been vitiated by violence.