Professor Dora Akunyili & Anor V. Dr. Chris Nwabueze Ngige & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the ruling delivered on 21/2/2012 by the National and State Houses of Assembly Election Tribunal, Awka, Anambra State (hereafter simply referred to as “the Tribunal”), striking out the Appellant’ Petition No. EPT/AN/NAE/SE/26/2011 hereinafter simply referred to as “the Petition”) on the ground that the Tribunal no longer had the jurisdiction to continue to adjudicate on the Petition which had already over spent its constitutional 180 days from the date it was filed -i.e. 17/5/2011.

The Appellants as Petitioners instituted the Petition on 17/5/2011 before the Tribunal challenging the declaration and return of the 1st Respondent as the winner of the election to the Senate of the Federal Republic of Nigeria for Anambra Central Senatorial District held on 9/4/2011 with a re-run into some Wards and Polling Units held on 26/4/2011. The 1st Appellant contested the questioned election on the platform of the 2nd Appellant; while the 1st Respondent contested the said election on the platform of the Action Congress of Nigeria. The grounds of the Petition as set out in paragraph 7 thereof are: –

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

(b) That the election was invalid by reason of non-compliance with the provision of the Electoral Act and the manual made thereunder.”

The prayers of the Appellants as set out in the Petition read thus:-

“1.

(i) That it be declared that upon a proper computation of the lawful votes cast at the election the subject matter of this Petition, the return of the 1st Respondent as the winner of the Election to the Senate held on the 9th April, 2011 with a rerun election in some Wards and Polling Units on 26th April, 2011 for Anambra Central Senatorial District is null and void in that the 1st Respondent was not elected by majority of lawful votes cast at the election.

(ii) That the return of the 1st Respondent as the winner of the said election be set aside.

(iii) That it be declared that the Petitioners scored the highest number of valid votes cast at the questioned election and that the 1st Petitioner ought to have been returned as the winner of the election.

(iv) That the 1st Petitioner be returned as having been duly elected by majority of lawful votes cast at the Election to the Senate held on the 9th April, 2011 with a rerun election in some Wards and Polling Units on 26th April, 2011 for Anambra Central Senatorial District.’

The Appellants as Petitioners pray in the ALTERNATIVE that:-

“2.

(A) The questioned election was invalid by reason of non compliance with the provision of the Electoral Act and the Manual for Election Officials 2011 made pursuant to Section 153 of the Electoral Act in that –