Prince Joe Dinma Amadi & Anor V. Chief Mike Iheanetu & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling delivered on 22nd day of July 2009, by the Governorship and Legislative Houses Election petition Tribunal, by which ruling, the Honourable Tribunal dismissed the petition filed before it by the Petitioners.

The facts leading to this appeal are stated thus:-

The Appellants were the 3rd and the 4th Petitioners in an election petition filed on the 10th day of May, 2007, before the Governorship and legislative Houses Election Petition Tribunal, Imo State, in respect of the general election held on the 14th day of April, 2007. Their were eight petitioners in an comprising four Candidates and their four respective political parties. The petition challenged the return of the 1st respondent as the member representing Aboh Mbaise State Constituency, in Imo State House of Assembly.

After the exchange of pleadings, the 1st Respondent, by a motion filed on the 6th day of June, 2007, raised a preliminary objection. challenging the competence of the petition on grounds, inter alia, that the petitioners cannot present a joint petition, having regard to the provisions of Section 144(1) of the Electoral Act, 2006. By a ruling delivered on the 11th day of August, 2007, the Honourable Tribunal, then headed by Hon. Justice Ibrahim B. Majriga, dismissed the preliminary. The appeal filed by the 1st Respondent against the said ruling in Appeal No. CA/PH/EPT/487/2007 was struck out for being incompetent by court of Appeal. Port Harcourt Division in ruling delivered on the 14th day of July, 2008.

Upon the ruling of the Court of Appeal in Appeal No. CA/PH/EPT/187/2007, striking out the 1st Respondent’s appeal for being incompetent, hearing of the petition resumed before the Tribunal now composed of different members headed by Hon. Justice G.M. Nabaruma.

At the resumed hearing, the 1st Respondent once again filed another motion on the 20th of April, 2009, in which he raised exactly the Preliminary Objection which was considered and dismissed by the Hon. Tribunal on the 11th day of August, 2007. By a ruling delivered on 22nd July 2009 the Tribunal dismissed the grounds of objection but upheld the ground that the Petitioners cannot present a joint petition. The Tribunal dismissed the petition on the ground that it violated the provisions of Section 144(1) of the Electoral Act.

Being aggrieved by the said decision, the 3rd and 4th petitioners appealed against the same vide a Notice of Appeal containing on ground of appeal.

This appeal was heard on the 19th October 2010, learned Counsel to the Appellant Mr. N. Epelle, informed the court that the appellants’ brief of argument is dated 9/9/09 and filed on 11/0/09. Counsel adopted the brief of argument and urged the Court to allow the appeal Mr. E. Nwagwu states that the 1st Respondent’s brief of argument is dated and filed on 29/1/10. Learned counsel adopted the brief of argument and urged the Court to dismiss the appeal. Mrs. B. I. Amadi. Counsel to the 3rd – 5th Respondents informed the court that the 3rd to 5th Respondents’ brief argument is dated and filed the 12/10/09 and urged the Court to dismiss appeal.

By an order of this Court this appeal is being heard without the brief of the 6th, 7th, 8th, 9th, 10th and 11th Respondents.

From the sole ground of appeal filed by the Appellants, the Appellants formulated one Issue for determination which read thus:-

Whether the Honourable Chairman and members of the Governorship and Legislative Houses Election Tribunal. Imo State were right in law, in dismissing the Appellants’ petition and holding that the Appellants and their Co-Petitioners cannot present a joint petition having regard to the provisions of the Electoral Act. 2006.

Both the 1st Respondent and the 3rd to 5th Respondents adopts the sole Issue formulated by the Appellants.

In arguing the sole Issue for determination, learned Counsel for the Appellants submits that the basis upon which the lower Trial Tribunal dismissed the petition of the Petitioners is summed up in the ruling as follows:-