Rt. Hon. Terngu Tseba & Anor V. Sen. George Akume & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AHMAD O. BELGORE, J.C.A (Delivering the Leading Judgment)

The 1st Appellant herein along with six others contested for the Benue State North-West Senatorial District seat of the National Assembly conducted by the 3rd Respondent on the 26th day of April, 2011. On 27th April, 2011, 3rd Respondent (INEC) declared the 1st Respondent the winner of the election and returned him as the Senator of the Federal Republic of Nigeria respectively.

The Benue North-West Senatorial District after having polled 26,726 vote which represented the majority of the total votes cast at the election. The 1st Appellant who scored a total of 143, 354 votes came second. The 1st Appellant contested the election under the banner of the 2nd Appellant (PDP), while the 1st Respondent was a candidate sponsored by the 2nd Respondent.

The 1st and 2nd Appellants, being dissatisfied with the declaration and return filed a petition before the National and State House of Assembly Election Tribunal, sitting in Makurdi, Benue State challenging the results of the election.

The grounds of the petition as stated in paragraphs 7 of the petition are:-

1. That the 1st Respondent was, at the time of the election, not qualified to contest the election.
2. That the 1st Respondent was not elected by majority of lawful votes cast at the election.
3. The election of the 1st Respondent was rendered invalid by corrupt practices and or non compliance with the Electoral Act, 2010 (as amended), the Handbook for Electoral Officers in the 2011 General Elections.

The particulars of the three grounds of the petition are respectively pleaded in paragraphs 8, 9 and 10 of the petition. The main thrust of the Appellants’ complaint in respect of the ground one is that the 1st Respondent was at all time particular, especial up to the 7th day of January, 2011 when the primaries of the 2nd Appellant a member of the 2nd Appellant and could therefore not being sponsored by the 2nd Respondent as her candidate for the election, in violation of the provisions of Section 65(2)(b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (Now the Constitution”) read together with Article 19.3 of the 2nd Respondent’s Constitution.

Particulars in respect of ground two aver that election was characterized by large scale irregularities in 5 of the 7 Local Government Areas that constitute the Senatorial District; that the votes credited to the 1st Respondent were vitiated by large scale fraud, enticement of voters, soliciting for votes at the polling units undue influence, duress, over-voting, multiple thumb printing e.t.c.

The particulars to ground three state that the election was marred by substantial non compliance with the provisions of the Electoral Act, 2010 (as amended) and subsidiary legislations made pursuant threat in the 5 Local Government Areas of Buruku, Gboko, Tarka, Makurdi and Gwer east, leading to voters in those areas to be disfranchised and that there was exhibition of favoritism by INEC officials.

The reliefs sought before the tribunals are declarations:-

a. That the 1st Respondent was, at the time of the election, not qualified to contest the election, he not being a financial member of the 2nd Respondent for a period of 6 months before the said election and was not duly sponsored by the 2nd Respondent, as required by Section 65 (2) (b) of the Constitution read together with Article 19.3g the 2nd Respondents constitution and Section 222 of the Constitution.

b. That the 1st Respondent was not elected by majority of lawful votes cast at the election.

c. That the election of 1st Respondent was rendered invalid by corrupt practice and or non-compliance with the Electoral Act, 2010 (as amended), the handbook for Electoral Officials in the 2011 general election.

d. An order nullifying the election the 1st Respondent in all the grounds canvassed in the petition.

e. An order returning the retuning the 1st petitioner as the duly elected Senator represents Benue North-West Senatorial District in the election held on 26 /04/2011 in the alternative.