Mr. Uwamose Osazuwa Amadasun & Anor. V. Mrs. Elizabeth Uyimwen Ativie & Ors (2009)

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ALI ABUBAKAR BABANDI GUMEL, J.C.A.,

This is an appeal against the judgment of the Edo State National Assembly, Governorship and State House of Assembly Elections Petitions Tribunal delivered on 28th January, 2008. The 1st Appellant as the candidate of the 2nd Appellant contested the 14th April, 2007 election into the Edo State House of Assembly for Uhunmwode Constituency. At the end of the election, the 3rd-5th Respondents declared the 1st Respondent as the winner of the election.

The appellants were dissatisfied with the outcome and result of the election as well as the declaration and return of the 1st Respondent as the duly elected candidate of the 2nd Respondent for the Uhunmwode Constituency. Upon this background, the appellants, as petitioners, filed a petition challenging the result of the election. This petition is dated 11th May, 2007 but was filed on 14th May, 2007. It is predicated on 3 grounds. They are:-

a) That the Uhunmwode Constituency election for the Edo State House of Assembly conducted by the 3rd, 4th and 5th Respondents and their agents and privies of the 3rd Respondent in Uhunmwode Local Government Area of Edo State on 14th April, 2007, is invalid by reasons of corrupt practices;

b) Non-compliance with the provisions of the Electoral Act, 2006; and

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

Based on the petition and the grounds therefore, the Petitioners/Appellants sought for the following reliefs. They are:-

i. It be determined that the Edo State House of Assembly Election for Uhunmwode Constituency of the 14th April, 2007 conducted by the 3rd and 4th Respondent and agents and privies of the 3rd Respondent was marred by corrupt practices, and outright rigging.

ii. It be determined that the 1st Respondent herein was not duly elected/did not score the lawful majority votes cast at the 14th April, 2007 Edo State House of Assembly Election for Uhunmwode Constituency and ought not to have been returned by the 3rd, 4th and 5th Respondents.

iii. It be determined that the total number of lawful votes cast at the 14th April, 2007 Edo State House of Assembly Election at Uhunmwode Constituency were for the Petitioners and the 1st Petitioner ought to have been returned by the 3rd and 4th Respondents and/or agents, and privies of the 1st Respondent.

iv. It be determined that the votes allegedly scored or credited to the 1st and 2nd Respondents in Uhunmwode Constituency of Edo State are invalid on ground of corrupt practices, ballot snatching, ballot stuffing and outright rigging.

v. It be determined that the Edo State House of Assembly election in Uhunmwode Constituency suffered from non-compliance with the Electoral Act of 2006.

vi. AN ORDER declaring the 1st Petitioner as the winner of the Edo State House of Assembly Election in Uhunmwode Constituency having scored the highest number of lawful votes of the total votes cast in the said election.

vii. AN ORDER compelling the 3rd, 4th and 5th Respondents to present to the 1st Petitioner Certificate of Return as the validly elected winner of the election into Edo State House of Assembly for Uhunmwode Constituency.