Peoples Democratic Party V. Chief Anayo Rochas Okorocha & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

The rescheduled Governorship election was conducted by the 3rd Respondent, the Independent National Electoral Commission (INEC) throughout the Federation on the 26th day of April 2011. The appellant, the Peoples Democratic Party (PDP) sponsored a candidate at the election in Imo State. The 1st Respondent was sponsored at the election by his party, the All Progressive Grand Alliance (APGA).

From the appellant’s point of view election was conducted in all the Local Government Areas of the State except Ngor Okpala Local Government Area as well as some Wards and Polling Units in three other Local Government Areas.

Appellant claimed that its candidate scored 310,106 votes against the 305,263 scored by the 1st Respondent, the candidate of the 2nd Respondent. According to the appellant, rather than declare its candidate as the winner of the election, the 5th Respondent cancelled the election on 27th April 2011 and the 3rd Respondent scheduled a supplementary election for the 6th May 2011 in Ngor Okpala, Oguta, Ohaji/Egbema and Mbaitoli Local Government Areas and Orji Ward 1 of Owerri North Local Government Area of the State.

On the other hand, the Respondents claim that as a result of widespread thuggery and violence and the slim margin between the candidate of the appellant, Chief Ikedi Godson Ohakim and the 1st Respondent, Chief Anayo Rochas Okorocha vis-a-vis the number of registered voters who had not voted in the four Local Government Areas of Ngor Okpala, Oguta, Mbaitoli and Ohaji/Egbema and one ward, i.e. Orji Ward 1 in Owerri North Local Government Area of the State, a supplementary election was scheduled for the affected four Local Government Areas and Orji Ward 1 in Owerri North LGA.

The appellant and its candidate did not participate in the supplementary election. The 3rd-11th Respondents returned the 1st Respondent as having scored a majority of lawful votes cast at the election and declared him duly elected Governor of Imo State.

In its petition before that Governorship Election Petition Tribunal constituted for Imo state, the appellant challenged the return of the 1st Respondent as elected Governor of Imo State on the following grounds:

“(1) The election of 26th April 2011 was conclusive and was won by its candidate Chief Ohakim.

(2) The supplementary election of 6th May 2011 was not necessary, and

(3) The election of 6th May, 2011 was conducted in breach of S.178 (2) of the constitution of the Federal Republic of Nigeria 1999 (as amended).”

The Respondents contested the petition. The appellant’s petition was dismissed. The appellant appealed to the court of Appeal Owerri sitting at Abuja.

The lower Court dismissed the appeal with N50,000.00 costs in favour of the 1st and 2nd Respondents.

Aggrieved by the judgment of the Court below, the appellant appealed to this Court on 17 grounds from which the following three issues were distilled for determination in the appellant’s brief of argument:

“1. Considering the facts and circumstances of this case vis-a-vis the relevant constitutional and statutory provisions, whether or not the lower Court was, not in grave error in holding that the 3rd -11th Respondents properly cancelled the Governorship election in the affected Local Governments on 26th April 2011 and/or purported to have postponed same to 6th May, 2011 (Grounds 1, 2, 7, 8, 9, 11 and 14).