Mr. Okuarobo Henry Osamuede & Ors v. Mr. Omoruyi Murphy Osaro & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES GAMBO ABUNDAGA, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the National and State Houses of Assembly Election Tribunal Sitting at Benin City, Edo State Coram: Hon Justice O. A Chijioke (Chairman), Hon. Justice M.U EL-Mainari (member I), and Hon. (Prof) Alero Akeredolu (member II) delivered on 7th September, 2023.

The 2nd respondent herein organized and held election for the seat of Federal House of Representatives for Egor/Ikpoba-Okha Federal Constituency, Edo State on 25th February, 2023.

The 1st appellant contested for the seat. He was sponsored by his political party, the 2nd appellant. Other political parties fielded candidates. Among them was the labour party, the 3rd respondent herein.

The labour party sponsored and fielded the 1st respondent. At the end of collation of results, the 2nd respondent returned the 1st respondent as the winner and was accordingly declared.

The appellants were not satisfied with the return, and on three grounds approached the National and State Houses of Assembly Election Petition tribunal sitting in Benin City, Edo State in petition No. EPT/ED/HR/06/2023 in which they challenged the return and declaration.

At the conclusion of trial and addresses of counsel the tribunal found the petition unmeritorious and dismissed same. The petitioners, the appellants who were not satisfied with the judgment of the tribunal appealed same to the Court of Appeal.

The judgment was delivered on 7th September, 2023. The appellants filed their notice of appeal on 24th September, 2023.

The notice of appeal contains five (5) grounds of appeal. The said grounds are contained on pages 1095 – 1107 of the record of appeal which was compiled and transmitted to this court on 29th September, 2023.

The record of appeal duly compiled and transmitted, the appellants filed their brief of argument on 1st October, 2023. The brief was settled by U. T. Udochi, Esq.

The 1st respondent filed his brief of argument, settled by K. O Obamogie, Esq on 7th October, 2023.

The 2nd respondents brief of argument was filed on 6th October, 2023. It was settled by Tracy O. Ukpebor. The 3rd respondent’s brief of argument settled by Aihie Okongbowa. It was filed on 6th October, 2023.

The appeal was argued on 16th October, 2023.

At the hearing, the appellants were represented by U.T Udochi. He appeared with David Obadan. The 1st respondent was represented by Michael E. Imonah. Tracy O. Ukpebor appeared for the 2nd respondent, while E. S Ekaette appeared for the 3rd respondent.