Polycarp Asuquo Effiom V. Daniel Effiong Asuquo & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A (Delivering the Leading Judgment)

This appeal is against the judgment of the National and State House of Assembly Election Tribunal Holden at Calabar (hereinafter called the Tribunal) delivered on 29th September, 2011 in respect of Election Petition No. EPT/CR/NA/1/2011, filed by the appellant as a result of his dissatisfaction with the result of the election conducted by the 2nd and 3rd respondents for the House of Representative seat of Akampa/Biase Federal constituency on 9th April, 2011.

The appellant, the 1st respondent and other persons not involved in this appeal contested the election. The appellant was the candidate of the Action congress of Nigeria while the 1st respondent carried the banner of the peoples Democratic Party, and at the conclusion of the election, the 3rd respondent declared the 1st respondent as the winner of the election with 40,252 votes while the appellant was credited with 7,068 votes. The result also showed that other candidates at the election, Mr. Owai Andy Ewelu of the Labour party had 416 votes; Mr. Peter Ajamba of ANIPP scored 353 votes while Mr. Akor Isaac Eghiaruwa of the DFPF had a total of 342 votes. The 3rd respondent therefore announced the 1st respondent as the candidate that was duly returned.

The appellant who felt dissatisfied with the outcome of the election and the return of the 1st respondent filed Election Petition No. EPT/CR/NA/1/2011 at the Tribunal on 28th April, 2011, on the following grounds as stated in paragraphs 38 to 40 of the petition:

“38. The election was invalid by reason of non-compliance the provisions of will Electoral Act 2010 as amended.

39. The 1st respondent was at the time of the election not qualified to contest the election.
40. The petitioner scored the highest number of lawful votes cast but the 1st respondent was declared the winner.”

The Petitioner then sought the following reliefs:

A declaration that the election into the House of Representatives for Akampa and Biase Federal Constituency held on 9th April, 2011 was invalid by reason of non-compliance with the provisions of Electoral Act 2010 as amended.

b. A declaration that the election into the House of Representatives for Akampa and Biase Federal Constituency held on 9th April, 2011 is null and void.

c. An order that a fresh election be conducted into Akampa and Biase Federal Constituency.

d. A declaration that the 1st Respondent was not qualified to contest election into the House of Representatives for Akampa and Biase Federal Constituency.

IN THE ALTERNATIVE

a. A declaration that the petitioner scored the highest number of votes cast in election held on 9th April, 2011 in Akampa and Biase Federal Constituency.

b. A declaration that the petitioner was validly elected in election held on 9th April 2011 in Akampa and Biase Federal Constituency.

c. An order directing the 3rd respondent to issue a Certificate of Return to the petitioner for the election held on 9th April, 2011 in Akampa and Biase Federal Constituency.”