Obiora Chukwuka V. Alor Nduka & Ors. (2008)

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STANLEY SHENKO ALAGOA, J.C.A.

This appeal arose out of the judgment of the National Assembly/Governorship and Legislative Houses Election Tribunal Anambra State sitting in Awka in petition No. EPT/AN/SAE/78/2007 delivered on the 18th January 2008. The petition is in respect of Onitsha South II Constituency election into the Anambra State House of Assembly conducted on the 14th of April 2007. The petitioner Nduka Alor contested the election under the platform of the All Progressive Grand Alliance (APGA). At the end of the election, the 1st Respondent Obiora Chukwuka of the People’s Democratic Party, (PDP) was declared the winner having been said to have scored the majority of votes cast at the election.

Aggrieved by the result declared by the Independent National Electoral Commission (INEC) the petitioner presented a petition on the 14th May 2007. The grounds of the petition were as follows-

(i) That the 1st Respondent’s election was invalid by reason of substantial non compliance with the provisions of the Electoral Act 2006.

(ii) That the 1st Respondent was not duly elected by a majority of lawful votes cast as there was no election.

The 1st Respondent filed an 11 paragraph Reply dated 11th July 2007 and filed on the 16th July 2007. The 2nd – 19th Respondents also filed an 11 paragraph Reply on the 27th July 2007. The Petitioners filed a Petitioner’s Reply to the Reply of the 2nd – 19th Respondents on the 4th August 2007. The matter proceeded to be heard with the salient complaints of the petitioner being –

(1) That there was no election on the 14th April 2007

(2) Non display of voters register in the wards before the election

(3) Failure to publish the names of the ad hoc staff of INEC by the 2nd Respondent before the election

(4)Non display of the location of the polling units in the Constituency before the election

(5)Failure to provide result sheets at the polling booths and Collation centres

(6) Late arrivals of electoral materials at the local Government headquarters and polling stations and without the voters register and result sheets

(7) That due to non provision of sensitive materials such as the voter’s register and result sheets, the aggrieved voters disrupted the election

(8) Failure to publish the results of or scores of the candidates.