Okezie Victor Ikpeazu V Alex Otti & Anor (2016)

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SULEIMAN GALADIMA, J.S.C.

This Court heard and allowed this Appeal SC.18/2016 on the 3rd February, 2016. I promised to proffer reasons for doing so today, 26th February, 2016, today. My reasons are set out below.

This appeal is against the judgment of the Court of Appeal sitting in Owerri, in APPEAL No: CA/OW/EPT/6/2015 delivered on 31st December, 2015, wherein the Court allowed the appeal of the 1st and 2nd Respondents [hereinafter referred to as the (“Respondents”). The Governorship Election Tribunal which sat in Umuahia, Abia State had on 3rd November, 2015 dismissed the petition filed by the 1st and 2nd Respondents in which they challenged the declaration of the Appellant as the winner of the Governorship Election conducted in Abia State on 11th and 25th April, 2015.

In a nutshell, the Appellant herein contested in the Gubernatorial Elections of 11th and 25th April, 2015, as the candidate of the 3rd Respondent, the Peoples Democratic Party (PDP). The 1st Respondent also participated in the same elections as the candidate of the 2nd Respondent, the All Progressives Grand Alliance (APGA). At the end of the polls and

collation of results, the 4th Respondent declared the Appellant the winner and returned him the duly elected Governor of Abia State. The 1st and 2nd Respondents challenged the declaration of the Appellant herein as the winner of the said election at the Governorship Election Tribunal in Umuahia, seeking some reliefs, praying as follows:-

“(i) That it may be determined and thus declared that the return of the 1stRespondent as Governor of Abia State pursuant to election held on 11th April and 25th April, 2015 is void for substantial non- compliance with the provision of the Electoral Act 2010 (as amended) and which non compliance substantially affected the result of the election.(ii) That it may be determined and thus declared that the 1st Respondent was not duly elected by majority of lawful votes cast and did not satisfy the mandatory constitutional threshold and spread across the local Government areas of Abia State at the Governorship election held in Abia State on 11th April, 2015.

(iii) That it may be determined and declared that the election and return of the 1st Respondent as Governor of Abia State is invalid by reason of corrupt practices and liable to

be nullified; and further.

(iv) That it may be determined and thus declared that the 1st Petitioner won majority of lawful votes cast at the 11th and 25th April 2015 election/supplementary election held in Abia State and satisfied the constitutional threshold and spread across the 17 Local Govt. Areas of the State; and ought to be and thus be ordered to be returned as the duly elected Governor of Abia State.

(v) In the alterative to prayer (iv), that it may be determined and thus declared that the elections in the Local Govs, Wards, Units and/or centers characterized by electoral irregularities and non-compliance during the conduct of the Abia State Governorship election and satisfied the constitutional threshold and spread across the 17 Local Govt. Areas of the State; and ought to be and thus be ordered to be returned as the duly elected Governor of Abia State.

(vi) If the alternative to prayer [iv], that it may determined and thus declared that the elections in the local Govts, Wards, Units, and/or Centers characterized by electoral irregularities and non-compliance during the conduct of the Abia State Governorship Election held on 11th April, 2015 be voided and/or set aside and a

fresh/supplementary election be conducted by 3rd Respondent in the affected Polling units to ascertain the final scores of candidates at the election – that is in respect of:-

(a) The whole of Obingwa Local Government Area,

(b) The whole of Osisioma Local Government Area,