Nnah George Onyeabuchi V. Independent National Electoral Commission (Inec), Abuja & Ors (2002)

LAWGLOBAL HUB Lead Judgment Report

O. AYOOLA, J.S.C.

T

his is an appeal from the decision of the Court of Appeal (Mustapher, Muntaka-Coomassie and Bulkachuwa, JJ.C.A.) made on 12th February, 2001 dismissing the appellant’s appeal from the decision of the Federal High Court (Auta, J.) whereby a case initiated by the appellant by an originating summons was dismissed on a preliminary objection raised by counsel on behalf of Mr. Oludi Edwin, the 6th defendant, who is now the 5th respondent in this appeal.

In the Federal High Court the appellant claimed as follows:

a) A declaration that the letter dated 3rd day of June, 1999 Ref. No. INEC/LEG/L.3/RV/14/197 and purportedly made by the 4th defendant is invalid, illegal, unconstitutional and of no legal effect.

b) A declaration that the 1st -5th defendants not being a court of law or tribunal established by law lack the competence to entertain and determine complaints by the 6th defendant challenging the declaration and return of the plaintiff by the 5th defendant as the elected member Obio/Akpor Federal Costituency, House of Representatives.

c) A perpetual injunction restraining the defendants either by themselves or by their servants, agents or privies from recognising, parading, admitting or accepting the 6th defendant as the elected member for Obio/Akpor Federal Constituency, House of Representatives or otherwise howsoever allowing or permitting the 6th defendant from attending or participating in any of the proceedings/sessions or enjoying any benefits as the member for Obio/Akpor Federal Constituency, House of Representatives.

d) A perpetual injunction restraining the 6th defendant from parading or representing himself to the 1st -5th defendants or exercising any function as the elected member for Obio/Akpor Federal Constituency, House of Representatives.”

The 1st and 2nd defendants mentioned in the claim are respectively the 1st and 2nd respondents in this appeal while the 4th and 5th are respectively the 3rd and 4th respondents. The appellant and the 5th respondent were two of three candidates in a bye-election in Wards 6 and 7B of Obio/Akpor Federal Constituency for the House of Representatives. At the conclusion of the bye-election on 22nd May, 1999, the Returning Officer, one Andrew Erofarokuma, issued a Declaration of Result of Election (Form EC. BEI) stating inter alia that the appellant “having complied with requirements of the law and scored the majority of votes, is hereby returned elected.” It so happened that in respect of the same bye-election there was another declaration of result of election issued by the same Returning Officer and bearing the same date as the one held by the appellant, declaring that the 5th respondent scored the majority of votes and was returned elected. There were thus two apparently contradictory declarations and returns.

In a letter dated 3rd June, 1999, the 3rd respondent who was the Secretary of the 1st respondent, the Independent National Electoral Commission, wrote to the 2nd respondent, Permanent Secretary/Clerk of the National Assembly, a letter as follows:

“RE: DECLARATION OF RESULT OF BYE-ELECTION INTO THE NATIONAL ASSEMBLY (HOUSE OF REPRESENTATIVES) FOR THE OBIO/AKPOR FEDERAL CONSTITUENCY

May I have the honour to notify you of the result of the bye-election held for Obio/Akpor Federal Constituency in Rivers State.

Our Resident Electoral Commissioner had earlier submitted the name of Nnah G. N. as the member elected for the said Federal Constituency.

An appeal to the Commission’s Headquarters on the declaration of result was considered and the election, and return of Mr. Oludi E. O. of the P.D.P. is hereby restored.