Ogbara Gabriel Michael & Anor V. Independent National Electoral Commission & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Lead Ruling)

This is a motion on notice filed on 1/2/16 by the 2nd Respondent/Applicant seeking the following orders from this Court.

1. An order reviewing the judgment of this Honourable Court delivered in this matter i.e CA/PH/EPT/417/2015 on the 9th day of December, 2015 to correct an error on the face of the judgment so as to comply with the express provisions of Sections 53(2) (3) and 140(1) (2) of the Electoral Act, 2010 (as amended).
2. An order directing the 1st Respondent (INEC) to conduct another election in Ward 6, Ogbia Constituency 111 of Bayelsa State House of Assembly wherein the elections conducted by the 1st Respondent in all the Units of the said Ward 6 were nullified by the Court of Appeal on the 9th day of December, 2015 and declared 1st Appellant/Respondent Winner of the said election in circumstance where the results of the Polling Units in Ward 6 will affect the overall result of the election in Ogbia Constituency 111.

The grounds upon which the application is brought are as follows:

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i. That the Court of Appeal cancelled or nullified the election in Ward 6 of Ogbia State Constituency 111.

ii. That after the cancellation, the 1st Appellant/Respondent scored a total of 1,693 votes as against Applicants’ 1,634 votes with a vote difference of 59 in favour of the 1st Appellant/Respondent.

iii. That the total number of registered Voters in Ward 6 is 7,235 out of which 7,032 has their permanent voters cards (PCCs).

iv. That a fresh election in Ward 6 will produce a clear Winner as between Applicants herein of 1st Appellant/Respondent in accordance with the provision of Sections 53(2) (3) and 140(1) (2) of the Electoral Act,?2010 (as amended).

v. That the declaration of a Winner in the circumstance is a clear violation of Section 53(2) (3) and 140(1) (2) of the Electoral Act, 2010 (as amended)

vi. That the Court of Appeal did not intend to deliver a judgment in clear violation of the above said Sections of the Electoral Act, 2010 as aforesaid.

vii. That it

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was an error or oversight for the Court of Appeal to have cancelled the Ward 6 election and declared a Winner in the circumstance.

viii. That this Honourable Court has the competence to review the judgment and correct the error.