Onyema Ugochukwu & Anor V. Chief T. A. Orji & Ors. (2009)

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PAUL ADAMU GALINJE, J.C.A.

This is a cross appeal against the judgment of the Governorship and Legislative Houses Election Tribunal sitting at Umuahia, capital of Abia State of Nigeria, which was delivered on the 25th day of February 2008.

On the 14th of April 2007, Governorship or Gubernatorial election was held in Abia State for the purpose of electing the Governor of that State. In that election, the 1st and 2nd Cross Appellants herein who were the petitioners at the Tribunal were candidates sponsored by People Democratic Party (PDP) for the positing of Governor and Deputy Governor respectively.

The 1st and, 2nd Respondents herein who were 1st and 2nd Respondents at the Tribunal were candidates sponsored by the Progressive Peoples Alliance for the same positions.

Several candidates contested the gubernatorial election under different political parties.

At the conclusion of the election, the Independent National Electoral Commission (INEC) declared the 1st Respondent in this appeal winner of the Gubernatorial Election with 265,389 votes and the 1st Petitioner came second with 136,858 votes. The 1st and 2nd Respondents were therefore duly returned as the Governor and Deputy Governor Elect respectively of Abia State.

The Appellants were dissatisfied with the declaration of the result of the election. Being aggrieved, they filed a petition challenging the declaration at the Tribunal. The petition was hotly contested by all the parties. At the end of the trial, the Tribunal adopted the three issues as formulated by the 2nd set of respondents for the determination of the petition. These issues read as follows:-

“(i) Whether the 1st and 2nd Petitioners in petition No. ABS/GOV/EPT/4/07 scored the majority of the lawful votes cast at the questioned election and not less than one quarter of all the votes cast in each of at least two thirds of all the Local Government Areas in Abia State

(ii) Whether the election of the 1st Respondent is voided by substantial malpractices

(iii) Whether the 1st and 2nd Respondents were qualified to contest the questioned election.”

In the final determination of the issues reproduced hereinabove, the Tribunal resolved the 1st and 2nd issues against the Appellants. The 3rd issue was resolved in favour of the Appellants, wherewith the result of the election as announced by INEC was nullified. In its place the 1st and 2nd Appellants were declared winners and duly returned as Governor and Deputy Governor respectively of Abia State.

This decision precipitated several appeals, which were filed under one number that is CA/PH/EPT/197/08. In all there were six appeals and two cross appeals. For the purpose of clarity and devoid of any difficulty in recognizing the different appeals, these appeals were separated and given numbers 197, 197A-197F. 1st and 2nd Respondents were thoroughly dissatisfied and aggrieved. They therefore filed an appeal in this Court against the decision of the Tribunal. That appeal is given appeal No. CA/PH/EPT/197/08.

The present appeal is therefore a cross appeal to the 1st and 2nd Respondents’ appeal.

The notice of cross appeal which is dated 14th March 2008 and filed on the 17th March 2008 contains ten grounds of appeal.