Patrick Aisowieren & Anor V. Peter Onyekwenem Ikem & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The parties in these Appeals are coming back to this Court for the second time in respect of the Election Petition filed by Peter O. Ikem and Action Congress [AC] at the Edo State Governorship and Legislative Houses Election Tribunal, on the 14th day of May, 2007.

The first time around, this Court remitted the said Election Petition back to the Tribunal for trial on the merits, after it had earlier been dismissed at the trial stage for failure to file pre-hearing notice.

However, upon their return to the Tribunal, Patrick Aisowieren and his party, PDP filed a Notice of Preliminary Objection, and prayed for:-

(1) An Order striking out the Petition for want of jurisdiction on the grounds stated in Schedule ‘A.’

(2) And for such further order or other orders as this Honourable Court may deem fit to make in the circumstances of this Petition.

Schedule ‘A’ Grounds for the Objection

i. That the results of the election to Orhionmwon East Constituency of Edo State House of Assembly held on 14th April, 2007 was declared on the 14th day of April, 2007.

ii. That the Petitioners filed this Petition and the Statement on Oath in support on the 14th day of May, 2007 i.e., 31 days from the date of declaration of the result of the election.

iii. Section 141 of the Electoral Act 2006 provides that an election petition shall be declared thirty (30) days from the date the result of the election is nullified.

iv. The Petition must be filed before the expiration of 30 days.

v. That the Petition is incompetent being statute barred pursuant to Section 141 of the Electoral Act 2006.

Written addresses were filed and adopted, and in its Ruling delivered on the 19th of November, 2008, the Tribunal overruled the objection.

Dissatisfied with the decision, they filed an interlocutory appeal in this Court with a Notice of Appeal containing three Grounds of Appeal.