Mr. Valentine Chris Ogar Eneji & Anor V. Ajor Idagu Agaji & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

Irked by the declaration of Ajor Idagu Agaji as the duly elected member of the Bekwara state constituency in the Cross River State House of Assembly, by the Independent National Electoral commission, Mr. Chris Valentine Ogar Eneji and Action Congress of Nigeria presented a joint petition to the Election Tribunal holden at Calabar, Cross River State on 17-05-2011. The petition was anchored on paragraphs 34-36 on the following grounds:

“34. The election was invalid by reason of noncompliance with the provisions of Electoral Act, 2010 as Amended.

35. The 1st Respondent was at the time of the election not qualified to contest the election.
36. The petitioners scored the highest number of lawful votes cast but the 1st Respondent was declared winner.”

The petitioners prayed as follows:

“(a) A declaration that the election into the House of Assembly for Bekwara State Constituency held on 26th April, 2011 was invalid by reason of non-compliance with the provisions of Electoral Act, 2011 as Amended.

(b) A declaration that the election into the House of Assembly for Bekwara State constituency held on 26th April, is null and void.

(c) An order that a fresh election be conducted into Bekwara State Constituency.

(d) A declaration that the 1st Respondent was not qualified to contest election into the House of Assembly for Bekwara State Constituency.”

In the alternative the petitioners prayed as follows:

“(a) A declaration that the petitioner scored the highest number of valid votes cast in election held on 26th April, 2011 in Bekwara State Constituency.

(b) A declaration that the petitioner was validly elected in election held on 26th April, 2011 in Bekwara State Constituency.

(c) An order directing the 3rd Respondent to issue a certificate of return to the petitioner for the election held on 9th April, 2011 in Bekwara State Constituency.”

The Respondents filed Replies denying the allegations. The matter went to trial. On 12th, day of November, 2011 the Tribunal dismissed the petition for lack of merit. The petitioners filed a joint Notice and Grounds of Appeal on 02-12-2011 containing two grounds of appeal from which the learned Counsel to the appellant distilled the following issues for determination in the Appellant’s Joint Brief of Argument filed on 19-12-2011 to wit:

“(a) Whether an election Tribunal has the jurisdiction to determine the Constitutional validity of the sponsorship of a candidate in an election by a political Party.