Professor Dora Nkem Akunyili & Anor V. Dr. Chris Nwabueze Ngige & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the Ruling delivered on 20/10/2011 by the National and State Houses of Assembly Election Tribunal, Awka Anambra State, (hereafter simply referred to as “the Tribunal”) striking out petition No.EPT/AN/NAE/SE/26/2011.

The Appellants as Petitioners instituted Petition No. EPT/AN/NAE/SE/26/2011 (hereafter simply referred to as “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 provisions of the Electoral Act and the manual made thereunder.”

The prayers in the Petition as set out therein read thus: –

(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 re-run 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 1st 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: –

(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:-

(i) The number of registered voters in the two Polling Units in the constituency where the election did not hold to wit; Orubuchi Kindergarten II Polling Unit, Code No. 004, Nkpor Ward II, Dunukofia Local Government Area and Central Primary School I Polling Unit, Code No. 003, Abba Ward in Njikoka Local Government Area is in excess of the margin of win by votes of the 1st Respondent and a return could not in the circumstances have been made.

(ii) The total number of registered voters in Polling Units where the election is void by reason of OVER-VOTING as set out in paragraphs C(I), (II), (III), (IV), (V), (VI), (VII), (VIII), (IX), (X), (XI), (XII), (XIII), F(III), (IV) and H(a), (b), (c), (d) and (e) of the Petition is in excess of the margin of win of the 1st Respondent and a rerun cannot be made in the circumstances.