Paschal Ikenna Ejiogu V. Hon. Alphonsus Gerald Irona & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

MOHAMMED LAWAL GARBA, J.C.A.

This appeal is from the decision of the Governorship and Legislative Houses Election Tribunal; Imo State delivered on the 24th August, 2007 in Petition No. EPT/NA/IM/01/2007 in respect of election into the House of Representatives for Ohaji/Egbema/Oguta/Oru West Federal Constituency held on 21st April, 2007.

The Appellant, who was the petitioner at the lower Tribunal and the 1st Respondent were among the candidates at the said election sponsored by their respective political parties, Labour Party (L P) and the People’s Democratic Party (PDP). On the 22nd April, the Returning officer for the constituency, the 4th Respondent herein declared the result of the election as follows:-

(A) Alphonsus Gerald Irona – (1st Resp.)-108,389 votes

(B) Pascal Ikenna Ejiogu (Appellant) – 6,626 votes

(C) Nwauwa Chukwuma Ama – (APGA) 3,815 votes

(D) Dr. Ezeukwu Emmanuel – (AC) 1,979 votes.

The 1st Respondent was therefore returned by the 4th Respondent as duly elected and issued with Independent National, Electoral Commission (INEC) Declaration of Result Form EC8E. Being dissatisfied with the declaration and return of the 1st Respondent as the winner of the said election, the Appellant filed a petition at the lower Tribunal on the following grounds:-

(A) “That the return of the 1st Respondent was void because he was not qualified to contest the election; and

(B) That the 1st Respondent was not duly elected by a majority of lawful votes cast at the election.”

He sought reliefs as follows from the Tribunal:-

A) “A declaration that the return of the 1st Respondent is void having regard to the provision of Section 66 (1) of the Constitution of the Federal Republic of Nigeria, 1999.

B) That the, petitioner be returned as duly elected having scored the majority of lawful votes cast at the election.”

After the service of the Appellant’s Petition on the 2nd – 7th Respondent herein the 3rd Respondent, on the 26th of April, 2007 issued a press release retracting the return of the Peoples Democratic Party (PDP) still remained the party the scored the highest number of votes. Eventually, the election was said by the 2nd – 7th Respondents to have been won by the 8th Respondent herein and return as having been elected.