Senator Ibikunle Amosun V. Independent National Electoral Commission & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment)

This appeal is from the decision of the Governorship and Legislative Houses Election Tribunal sitting at Abeokuta, Ogun State contained in the judgment delivered on the 27th August, 2009 in election petition No.EPT/06/GOV/02/2007. That Tribunal would hereafter be named the Tribunal.

The Appellant had presented the aforementioned petition by which he questioned the return of the 3rd Respondent as the duly elected Governor of Ogun State in the Governorship election conducted in the state by the 1st Respondent on the 14th day of April, 2007. The Appellant sponsored for the election by the All Nigerian Peoples Party (ANPP) and the 3rd Respondent sponsored by the Peoples Democratic Party (PDP) were among other candidates who contested or participated in the said election.

The grounds on which the Appellant questioned the election of the 3rd Respondent were not set out in the initial petition filed on the 7/5/07 or the amended petition filed on the 17/7/07 contrary to the requirements of paragraph 4(1)(d) of the First schedule to the Electoral Act, 2006. However in paragraph 37 of the amended petition the Appellant averred thus:-

“37. RELIEFS BEING SOUGHT BY THE PETITIONER

(a) It be determined that the 3rd Respondent did not win April 14th, 2007 Gubernatorial Election in Ogun State in that the 3rd Respondent did not receive the highest number of lawful votes in at least 15 Local Governments of Ogun State.

(b) It be determined that the Petitioner won the majority of lawful votes cast in all the 20 Local Governments Areas of Ogun State in the April 14th, 2007 Gubernatorial Election.

ALTERNATIVELY

(c) It be determined that the Governorship Election of April 14th, 2007 held in Ogun State is null and void, same having being bedeviled by violence, electoral malpractices, ballot stuffing, over voting, ballot box snatching and general non-compliance.

(d) An order nullifying the Governorship, Election held in Ogun State on April 14th, 2007 including the return made thereto.

(e) An order that the Petitioner may ask such further or other(s) as the Tribunal may deem fit to make in the circumstances.”

In partial compliance with the above named paragraph.

The Tribunal in the decision mentioned earlier dismissed the Appellant’s petition for “The petition either by proof beyond reasonable doubt or on preponderance of evidence is not proved as required by law” at page 3430 in Vol.8 of the record of the appeal.

The Appellant was apparently not only thoroughly dissatisfied with but also aggrieved by the said decision and so filed two (2) Notices of Appeal dated the 9/9/2009 containing fifteen (15) grounds of appeal and 16/9/2009 containing sixteen (16) grounds of appeal.