Prince Nicholas Ukachukwu V. Andy Emmanuel Uba & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A (Delivering the Leading Judgment)

This is an appeal against the Ruling of the National and State Houses of Assembly Elections Petitions Tribunal, sitting in Awka, Anambra State coram U.B. Bwala J. I.T. Cocodia J. and M.A. Adeigbe J. delivered on the 15th day of July 2011 in Petition No. EPT/AN/NAE/SE/01/2011. Prince Nicholas Ukachukwu vs Andy Emmanuel Ubah & 2 Ors, wherein the said tribunal struck out the petition on the ground that it is a pre-election matter and intra party dispute for which it lacked jurisdiction to entertain.

The appellant who was the petitioner filed a petition dated 26th April 2011 and filed on 26/4/2011 at the National and State Houses of Assembly Election petition tribunal, Awka hereinafter referred to as (the trial tribunal). The reliefs sought in the petition as set out in page 6 of the Record of appeal are herein below reproduced:-

“WHEREOF YOUR PETITIONER PRAYS as follows:-

(a) A declaration that the petitioner is the person with the majority of votes cast at the election.

(b) A declaration that the second announcement of the Returning officer made at Awka. Wherein the 1st Respondent was returned as elected be declared null and void as it is contrary to the Electoral Act 2011.

(c) An order directing INEC to issue a certificate of Return to the petitioner being the winner of the election having scored majority of votes cast in the election”.

(See page 6 of the Record).

The 1st Respondent’s Notice of Preliminary objection and Reply to the petition was filed on 2/6/11. The 2nd Respondent also filed a Notice of preliminary objection and a Reply to the petition dated 17/5/11 and filed on 19/5/11. See pages (70 to 432 of the Record).

The Petitioner’s reply in answer to the 2nd and 1st Respondent’s reply respectively are found in pages 433 to 504 of the Record. The 3rd Respondent also filed her reply to the petition. It is dated and filed on 31/5/11. (See page 505 to 513 of the Record).

Subsequently, the 1st Respondent filed a motion on notice dated 14/6/11 and filed on 16/6/11 wherein he sought the following orders:-

(a) An order striking out this petition No. EPT/ANA/NAE/HR/01/2011 between PRINCE NICHOLAS UKACHUKWU AND ANDY EMMANUEL UBA & ORS dated Saturday the 30th day of April 2011 and filed on the same date.

AND/OR

(b) An order striking out paragraphs 1, 2, (i), (ii), (iii), (iv) 3(xii), 4, 5, 7, 9,(1), (2), (3), (4) and 5 of the petition.