Mr. John Ebeh Uzu & Anor V. Anthony Ikechukwu Ogbu & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

On the 7th day of January, 2012, we had cause to pronounce the judgment on the Appellants’ appeal and allowed same on all Grounds. We also ordered that the election and return of the 1st Respondent be cancelled and his Certificate of Return withdrawn by the 3rd Respondent to enable fresh election to be conducted in the entire Ishielu North State Constituency of Ebonyi State within 90 days.

We also promised to give our reasons for the pronouncement in due course. We shall now proceed to give our said reasons in so holding that the Appellants’ Appeal succeeded and the consequential orders made on the date of the pronouncement of the judgment.

It would be recalled that by their petition dated 16th May, 2011 and filed on 17th May, 2011, the Appellants then petitioners challenged the election and return of the 1st Respondent as the duly elected member into the Ebonyi State House of Assembly, to represent the Ishielu North State Constituency. The petition was predicated on three Grounds to wit:

1. That the 1st Respondent is not duly elected by the majority of lawful votes cast at the election.

2. That the 1st petitioner is the person that scored the majority of lawful votes cast at the election and ought to have been returned by the 3rd, 4th, 5th Respondents.

3. That the election and return of the 1st Respondent is invalid by reason of corrupt practices and/ or non-compliance with the provisions and principles of the Electoral Act, 2010 (as amended) and the manual for Election officials 2011 p. 5 of the Record.

The Appellants also sought for the grant of the reliefs set down hereunder as follows:-

“WHEREFORE your petitioners pray that:

i. It may be determined and this declared that the 1st Respondent Hon. Anthony Ikechukwu Ogbu was not duly elected or returned by majority of lawful votes of the Ishielu North Constituency Election held on Tuesday the 26th day of April, 2011.

ii. That it may be determined and thus declared that the said or questioned election and the return of the 1st Respondent Hon. Anthony Ikeckukwu Ogbu based on the results from the polling units and wards in Ogbeagu, Amazu, Umuhuali Nkalagu and Iyonu of Ishielu North Constituency complained of and questioned by your petitioners be voided by acts which clearly violated and breached the principles and provisions of the Electoral Act 2010 (as amended) and INEC manual for Election Officials, 2011.

iii. That 1st Petitioner having scored majority of the lawful and valid votes cast be declared the winner of the Ishielu North Constituency of the Ebonyi State House of Assembly Election held on the 26th day of April, 2011.

iv. That it may be determined that going by the lawful votes at the said election, your 1st Petitioner ought to have been returned and should be returned as the winner in the Ishielu North Constituency for Ebonyi State House of Assembly held on 26th April, 2011.

v. In addition and/or alternatively, your petitioner be declared as the winner of the said election judging by the result obtained after the physical recount and re-examination and/or forensic/biometric test conducted before the tribunal of votes from the affected or aforementioned polling units, and wards.