Senator Godwin & Anor. V. Ikedi Godwon Ohakim & Anor. (2009)

LawGlobal-Hub Lead Judgment Report

SAKA ADEYEMI IBIYEYE, OFR, J.C.A.

The governorship election in Imo State was conducted on 28/4/2007 by the 2nd Respondent (INEC). The Petitioner and the 1st Respondent were amongst the sixteen (16) candidates who contested the election.

At the conclusion of the exercise, the 3rd Respondent, being the returning officer, returned the 1st Respondent as duly elected Governor of Imo State.

The Petitioner, who came second in the election, dissatisfied with the return of the 1st Respondent on 24/5/2007, filed a petition at the lower tribunal against the 1st Respondent and 3,892 others. Amongst the Respondents are Independent National Electoral commission (INEC), the Resident Electoral commissioner, Imo State, and some electoral officials who conducted the election.

The Petition is predicated on two grounds as clearly set out in paragraph 8 and state as follows:-

“The Petitioner brings this petition on the following grounds, namely:

(i) That the return of the 1st Respondent is void by reason of corrupt practices and non-compliance with the provisions of the Electoral Act, 2006.

(ii) 1st Respondent was not duly elected by majority votes cast at the election.”

The facts in support of the grounds were set out in the 43 paragraphs petition at the end of which the following reliefs were sought in paragraph 44 thereof:-

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

(ii That the 1st Respondent did not score the majority of the valid votes cast at the election.

(iii) That the petitioner scored the majority of valid and lawful votes and secured 25% of the votes cast in at least 2/3 of the Local Government Areas in Imo State and ought to be duly returned as elected.

(iv) That the petitioner be declared as elected and returned as winner of the election OR

(v) That a bye election be held in the 9 Local Government Areas complained of by petitioner.”