Okon Ekpenyong Ukpe V. Godwin E. Ndon & Ors (1999)

LawGlobal-Hub Lead Judgment Report

OBADINA, J.C.A. 

This is an appeal against the decision of the Local Government Election Tribunal of Akwa Ibom State sitting at Uyo, delivered on the 13th of February, 1999 in favour of the 1st respondent.

On the 5th of December, 1998 the appellant contested the Local Government Council election for the office of Chairman, Local Government Area of Akwa Ibom State. He contested the election on the platform of the Peoples Democratic Party (PDP).

The 1st respondent also contested the election to the same office or Chairman, Itu Local Government Area of Akwa Ibom State on the platform of All Peoples Party (APP). Alliance for Democracy filed one Efiok Bassey Etim for the election. Three (3) other candidates also contested the said election on the platform or other political parties.

At the close of the election the 2nd respondent (INEC) announced that there was no clear winner of the election. The 1st respondent was said to have scored a total of 6,104 votes. The AD candidate was also said to have scored 5,978 votes and was placed (2nd) second, while the appellant was placed third (3rd) with 5,325 votes.

The 2nd respondent (INEC) found that none of the contestants had qualified to be returned as elected, in that none of them was able to score a majority of the lawful votes cast at the election and also scored 25% of the votes in at least two thirds of the wards in the Local Government Area.

The 2nd respondent (INEC) then ordered a run-off election to be held between AD candidate. Effiok Bassey Etim, and the candidate for the All Peoples Party (APP) i.e. 1st respondent.

The run-off was held on the 12th December, 1998. The 1st respondent won and was returned elected as Chairman of Itu Local Government Area.

The appellant was dissatisfied with the declaration and the return of the 1st respondent. He presented an election petition before the Local Government Election Tribunal, Akwa Ibom State.

At the tribunal, the appellant who was then a petitioner prayed the tribunal that:-

“(a) The said Godwin Ndon, i.e the 1st respondent was not duly elected and that his election was void.

(b) The decision by the 1st, 2nd and or 3rd respondents in the petition to call for and hold a run-off election between the All Peoples Party (APP) and the Affiance for Democracy (AD) was wrongful and not in compliance with the provisions of the Decree.

(c) The petitioner, Okon Ekpenyong Ukpe, ought to have been returned.”

At the hearing of the petition before the tribunal, the appellant contended as follows:-