Senator John James Akpanudoedehe & Ors. V. Godswill Obot Akpabio & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Governorship Election Tribunal (hereinafter called the tribunal) sitting at Uyo, Akwa Ibom State, contained in the ruling delivered on 18th July, 2011 wherein the tribunal granted the 1st and 2nd respondents’ motion for dismissal of the appellant’s petition among other order sought therein.

The appellants as petitioners filed Petition No. EPT/AKS/15/2011 on 16th May, 2011 to challenge the declaration and return of 1st and 2nd, respondent by the 4th respondent as winners of the governorship election, held on 26th April, 2011 in Akwa Ibom State Nigeria and as the elected Governor and Deputy Governor respectively of the State.

Upon service of the petition, the respondents filed their respective replies to the petition whereafter the appellants as petitioners applied for issuance of pre – hearing notice vide their letter dated 17th June, 2011 but filed on 27th June, 2011. The tribunal’s Secretary issued pre – hearing session notice on 29th June and the pre – hearing session was fixed for 5th July, 2011. It is to be noted that on the same 27th June, 2011, the petitioners filed an application by way of motion ex – parte for issuance of pre – hearing notice. The said Motion ex – parte was set down for hearing by the tribunal on 5th July, 2011; the application was granted and another set of pre – hearing notices were issued and served on all the parties. Pre – hearing session was then fixed for 14th July, 2011. Howbeit, on 11th July, 2011 the 1st and 2nd respondents filed a motion on notice, wherein they sought the following reliefs.

“1. An Order setting aside the Pre-hearing Notice dated 29/06/2011 and served on the 1st and 2nd Respondents in this Petition.

2. An Order setting aside the proceedings of this Honourable Tribunal of 05/07/2011 as a whole and in particular, the ex – parte motion of the Petitioners dated 27/06/2011, which was moved and granted.
3. An Order setting aside the ex- parte Order of this Honourable Tribunal granting leave to issue and serve Pre – hearing Notice in this Petition.
4. An Order dismissing this Petition in its entirely, same having been abandoned as envisaged by paragraph 18(4) of the First Schedule to the Electoral Act, 2010 (as amended).”

The motion described above was heard by the tribunal on 15th July, 2011 and the reliefs sought therein were granted in the ruling delivered on 18th July, 2011. The tribunal ordered as follows:

“2. The motion on behalf on the 1st and 2nd respondents dated the 11th day of July, 2011 and filed on the same day is hereby allowed in orders:

(i) Discharging the order ex – parte made by this tribunal on the 5th day of July, 2011 and setting same aside

(ii) Dismissing the substantive petition No. EPT/AKS/GOV/15/2011 between the parties.

(iii) Affirming the return of the 1st respondent, Godswill Obot Akpabio, as the Governor of Akwa Ibom State in the election that was conducted throughout the State on the 12th day of April, 2011 by the 4th respondent, the Independent National Electoral Commission (INEC).

This shall also be the judgment of the tribunal in the petition.

(SGD)

HON. JUSTICE ADAM O. ONUM

(CHAIRMAN)