Peoples Democratic Party & Anor. V. Hon. Christopher Abari & Ors. (2009)

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ALFRED P. EYEWUMI AWALA, J.C.A.

This is an appeal against the Judgment of the Governorship and Legislative House Election Tribunal, sitting at Makurdi, Benue State (Hereafter referred to as “the tribunal”) delivered on 30/11/07, The Appellants herein were petitioners before the Tribunal while the Respondents herein were before the Tribunal Respondents.

The parties contested the election held on 14/4/07 in Nigeria nationwide under the platforms of the Peoples Democratic Party (PDP) and the All Nigeria peoples Party (ANPP) respectively amongst two other registered political parties namely Action Congress (AC) and Democratic People Parties (DPP).

At the end of the election the results declared were as follows:-

ANPP scored 16313 votes, while PDP and its candidate scored 12,456 votes inter alia. As such the 1st Respondent was duly declared the winner and returned accordingly by the 3rd Respondent (INEC).

Aggrieved, the Appellants filed a joint election petition no. BE/EPT/HA/02/07 at the Tribunal on the following Grounds:- (1) That the election was invalid by reason of noncompliance with the provisions of the electoral Act, 2006.

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

(3) That the election was inconclusive, as voting did not take place and lawful votes cast in some units where voting took place were omitted, and these have substantially affected the results of the election.

The 1st Respondent filed his reply to the petition on 25/5/07. The 3rd to 7th Respondents filed their joint reply on 30/5/07 and the 2nd Respondent filed his reply on 31/5/07.

The Appellants filed a reply to the new issues raised by the 3rd to 7th Respondents in their reply to the petition on 8/6/07. There were pretrial Sessions. Hearing the petition proper stated on 18/7/07 and ended on 29/9/07, Judgment was delivered on 30/11/07 dismissing the petition.

On 15/12/07 a Notice of Appeal was filed by the Appellants initially raising two grounds but this was later amended by the order of this Court and a new ground of Appeal was filed on 12/5/08 with six grounds of Appeal. Four issues distilled by the Appellant therefrom for determination by this Court as follows:-

Issue one

“Whether the Appellants proved the case of non compliance with the Electoral Act, 2006 in respect of Bar and Fiidi wards substantial enough to warrant the nullification of the election in Makurdi South Constituency” (Based on Grounds 2 and 3)

Issue Two