Mr. William Ballantyne V. Hon. Essien Ekpenyong Ayi & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The Independent National Electoral Commission (3rd Respondent) conducted election into the House of Representatives for Calabar South, Akpabuyo and Bakassi Federal Constituency, Cross River State on the 9th day of April, 2011. Mr William Ballantyne a legal Practitioner and candidate of the Action Congress and Hon. Essien Ekpenyong Ayi of the Peoples Democratic Party contested the election with other candidates. At the close of polls the candidates scored the following votes:

(a) William Ballantyne – 3,823 votes

(b) Essien Ekpenyong Ayi – 23,114 votes

(c) Edwin Orok Duke – 502 votes

(d) Edem Oyo-Itam – 660 votes

(e) Ako Isaac Eghiarrwa – 179 votes

(f) Salem David Joshua – 6,557 votes

The National Independent Electoral Commission declared and returned Hon. Essien Ekpenyong Ayi as duly elected to represent the three Local Government Areas that constitute the Federal Constituency in the Federal House of Representatives, Abuja, the Federal Capital Territory. Being aggrieved, William Ballantyne lodged a Petition before the Election Tribunal on 28th April, 2011 contesting the result of the election and declaration in favour of Hon. Essien Ekpenyong Ayi on several grounds. On the 4th day of July, 2011 the Tribunal struck out the petition upon the application of Hon. Ayi, during the pre-hearing session due to procedural defects. On Appeal, this Court set aside the Orders of the Tribunal and remitted the petition to be heard on the merit.

On the 14th day of November, 2011 hearing commenced before a differently constituted Tribunal. The Petitioner testified as Pw.6 and called Pw.1-5 as witnesses. The witnesses were cross-examined by learned counsel to the respondents and re-examined by the petitioner. The Petitioner closed his, case on 6/10/2011. Learned counsel to the Respondents volunteered not to call evidence. Counsel submitted written addresses to, the Tribunal. The Tribunal examined the oral and documentary evidence alongside the written addresses before dismissing the petition on the 26th day of October, 2011 as lacking in merit hence this appeal.

The Notice of Appeal was filed on the 7th day of April, 2011. Five grounds accompanied the Notice of Appeal from whence the Appellant’s learned counsel distilled four issues for determination in the appellant’s brief which was filed in this Court on 21/11/2011 and adopted at the hearing on 8/12/2011. They are as follows:

“ISSUES FOR DETERMINATTON

a. Whether an election, Tribunal has the jurisdiction to determine ,the constitutional ‘validity of the sponsorship of a candidate in on election by a political party.

b. Whether the election of 9th April 2011 for Calabar South, Akpabuyo and Bakassi Federal Constituency was conducted with the strict compliance to the provisions of the Electoral Act 2010 as amended.