Rt. Hon. Adjoto Kabiru & Ors v. Independent National Electoral Commission (INEC) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES GAMBO ABUNDAGA, JCA (Delivering the leading judgment)

This is an appeal against the decision/judgment of the National and State Houses of Assembly Election Petition Tribunal sitting in Benin, presided by Hon. Justice Yusuf Ubale Mohammed (Chairman), Hon. Justice M. O. Agboola (Member I) and Hon. Justice K. A Leweanya (Member II), delivered on 8th September, 2023. In the judgment the petition filed by the appellants who were petitioners at the said lower tribunal, against the respondents who were respondents in the petition was dismissed.

The appellants who were piqued by the dismissal appealed same to the Court of Appeal. The notice of appeal was filed on 20th September, 2023. The notice of appeal contains five (5) grounds of appeal.

The judgment of the tribunal can be found on pages 1125 – 1176 of the record of appeal, while the notice of appeal is on pages 1178 – 1183 of the record of appeal.

The appeal was entered on 26th September, 2023.

It is pertinent to state the background and events to this appeal.

The 1st appellant was sponsored by the 2nd appellant to contest election to the seat of the member of Federal House of Representatives for Akoko-Edo Federal House of Representatives, held on 25th February, 2023. He contested against other candidates who were sponsored by their respective political parties including the 2nd respondent who was sponsored by the 3rd respondent.

Expectedly, the election was organized and conducted by the 1st respondent. At the end of poll, the 1st respondent returned the 2nd respondent as the winner of the election. The appellants were not satisfied with the return, and challenged same at the National and State Houses of Assembly Election Petitions Tribunal sitting in Benin City, Edo State.

The petition was predicated on the following grounds, to wit:

“Grounds of the petition

Your petitioner states that grounds upon which this petition is brought are:

(a) That the conduct of the election in Ward 1, Units 6, 9 & 10: Ward 2; Ward 3, Units 8 & 10; Ward 4, Units 1, 2, 3, 6, 7, 8, 12, 14, 17, 18, 19 & 31; and all the Units in Ward 6 of the Akoko-Edo Federal Constituency on the 25th of February, 2023 is invalid by reason of corrupt practices, violence and/or non-compliance with the provisions of Electoral Act, 2022.

(b) That the 1st respondent failed, omitted and/or refuse to transmit results of the election in the entire units of the constituency from the Units to its portal meant for that purpose against the provisions of the Electoral Act and its guidelines.

(c) That the 2nd and 3rd respondents were not duly elected by majority of the lawful votes cast at the Akoko-Edo Federal Constituency election of 25th February, 2023.”