Mr. Peter Okocha & Anor V. The Independent National Electoral Commission & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

M.B. DONGBAN MENSEM, J.C.A (Delivering the Leading Judgment)

On the 9th day of July, 2009, the Governorship/Legistative Houses Election Petition Tribunal (hereinafter referred to simply as ‘Tribunal’ delivered a Judgment dismissing the Petition of the Appellants. The Appellants had presented before the Tribunal, a petition challenging the return of the 4th Respondent as the duly elected candidate. The sole ground of the petition was that the 1st Appellant was validly nominated by the 2nd Appellant to contest the election but that he was unlawfully excluded from participating in the election by the 1st – 3rd Respondents.

The 1st Appellant was the candidate of the 2nd Appellant which is a registered Political Party. The 1st set of Respondents namely the 1st, 2nd & 3rd (hereinafter referred to as the 1st – 3rd Respondents) conducted the said election of the 14/04/2007. The 2nd set of the Respondent namely:

The 4th Respondent was one of the 13 candidates who contested the election and was duly returned as elected.

Pursuant to the applicable rules, pleadings were settled and exchanged. The 1st Appellant was the only witness who testified before the Tribunal by adopting his statement. He tendered six (6) exhibits in support of the petition namely:

1. Exhibit P1 – Form CF002B- (submission of names of candidates by a political party);
2. Exhibit P2 – Form EC4B(vi) – (Form for nomination of Governor);
3. Exhibit P3 – Form CF001- (Affidavit in support of personal particulars);
4. Exhibit P4 – (Extract from Vanguard Newspaper of 12-2-2007);
5. Exhibit P5 – (Extract from Vanguard Newspaper of 13-4-2007); and
6. Exhibit P6 – (Written deposition dated and filed on 8th May, 2007).

By consent the Respondents tendered exhibits R1 & R2 during PTC (pre trial conference). Exhibits R3 & R4 were tendered during the cross-examination of PW 1 the sole witness. At the conclusion of the hearing, the petition was dismissed and the Appellants filed this appeal being distraught.

From the eight grounds of appeal filed, the Appellants formulated seven (7) issues. The 1st to the 3rd Respondents formulated four (4) issues while the 4th Respondent formulated three (3) issues for determination in the appeal.

The 1st – 3rd Respondents raised a preliminary objection in their brief of argument which we shall determine first before addressing the Issues formulated for determination in this appeal.

Preliminary Objection

In their Notice of Preliminary Objection, the 1st – 3rd Respondents raised the following grounds that:

“(1) Ground one in the Notice and Grounds of Appeal is incompetent;

(2) Appellant’s issue one was distilled from an admixture of incompetent Ground one and Ground 8 and was so argued;

(3) Case set up and argued by the Appellant in issue 7 at pages 81-104 of the Appellant’s brief are new without leave on the point that:-

(a) the period prescribed for submission of nomination forms was sixty (60) days as opposed to 120 days canvassed before the lower Tribunal;