Peoples Democratic Party V. Chief Anayo Rochas Okorocha & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A (Delivering the leading judgment)

On the 6th January, 2012, when we delivered our judgment dismissing the preliminary objections and the appeal, we reserved our reasons for doing so to a later date. We now give our reasons.

The Appellant (People Democratic party) was the Petitioner at the governorship Election Petition Tribunal, Imo State (hereinafter referred to as Election Tribunal of Tribunal) holding at Owerri, Coram Hon. Justice E.N. Kpojime, Chairman; hon. Justice M.I. Sirajo, Member; and Hon Justice E.O Osinuga, member, having been dissatisfied with the outcome of the April 26, 2011 General Election for the Governorship seat of Imo State of Nigeria conducted by the 3rd Respondent, approached the said tribunal and filed a petition wherein she averred as follows;

“A. That the 1st Respondent was not duly elected by the majority of lawful votes cast at the election.

B. It was the petitioner’s candidate Chief Ikedi Godson Ohakim that scored majority of the lawful votes cast at the said election held on 26th April 2011 and at the supplementary election held on 6th May, 2011, if valid (which is not conceded) and ought to be returned by the 3rd Respondent as the winner of the said election.

C.That the purported supplementary election held on the 6th may 2011 was invalid being in breach of the provisions and principles of the Electoral Act 2010 (as amended) and also contrary to the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended)”.

The reliefs sought are set out in paragraph 34 of the petition at page 24 – 26 of the record as follows;

“(a) That it may be determined, and thus declared, that the results of the purported supplementary elections of the 6th may 2011 announced on the 7th may 2011 and on the basis of which the 1st respondent was declared and returned as the winner of the Governorship election in Imo State, is unlawful, null and void same having been conducted 24 days before the expiration of the tenure of the last holder of the office contrary to the express provisions and principles of the 1999 constitution of the Federal Republic of Nigeria (as amended) and the Electoral Act 2010 (as amended) as well as the manual for election officials 2011.

(b) That it may be determined and thus declared that the purported supplementary election of 6th May 2011 ought not to have been conducted by the 3rd to 5th Respondents when the suit No. FHC/A/CS/464/2011 – All Progressive Grand Alliance & Anor v. INEC filed by the 1st and 2nd Respondents on 3rd may 2011 challenging the propriety of the decision to conduct the said purported supplementary election has not been determined by the court.

(c) That it may be determined and thus ordered that the results of the votes purportedly cast at the supplementary elections of 6th may 2011 be cancelled, nullified and invalidated.

(d) That it may be determined and thus declared that by the result of the 26th April 2011 Governorship election in Imo State collated after the said election the petitioner’s candidate scored the majority of lawful votes cast at the said election and ought to be returned as the winner of the said election.

(e) A declaration that the petitioner’s candidate having scored the majority of lawful votes cast at the 26th April 2011 governorship election in Imo State is the winner of the said election.

(f) That it may be determined and thus declared that the non-inclusion of the votes cast in the election held on 26th April 2011 in Oguta Local Government Area; Ohgoji/Egbeoma local Government Area and Mbaitoli Local Government Area in the computation of the final results declared by the 3rd Respondent on 7th may, 2011 is unlawful, unconstitutional, null and void, and if so included and computed in the final results the petitioner and its candidate would have emerged the winner thereof in accordance with the 1999 Constitution of the Federal Republic of Nigeria and the electoral Act 2011 9as amended).

(g) An order withdrawing the certificate of return issued to the 1st respondent by the 3rd respondent as he was wrongfully returned as the winner of the said election.