Sylverster Chuma Chukwuma V. Anthony Ezechi Nwoye & Ors (2009)

LawGlobal-Hub Lead Judgment Report

OLUKAYODE ARIWOOLA, J.C.A.

This is an appeal against the ruling of the National Assembly/Governorship and Legislative Houses Election Tribunal sitting at Awka (Panel 1) delivered on 18th day of October, 2007.

Sometime on 14th day of May, 2007, the Appellant had filed a Petition dated 11th day of May, 2007 to challenge the return of the 1st Respondent who was declared the winner of the election held on the 14th day of April, 2007 for the position of member of the Anambra State House of Assembly representing Idemili North State Constituency.

The petition was based on the following grounds:

(a) That the election was invalid by reason of corrupt practices and or substantial non-compliance with the provisions of the Electoral Act.

(b) That the electorates of Idemili North Local Government Area did not duly elect the 1st Respondent.

The Petitioner prayed the tribunal for the following reliefs:-

1. A declaration that the purported return of the 1st Respondent by the 2nd and 3rd Respondents as the winner of Idemili North House of Assembly Election is null and void.
2. An order for a fresh election in Idemili North Local Government Area for State House of Assembly, Idemili North Constituency.

The 1st Respondent filed his Reply to the petition, dated 5th July, 2007 on 26th July, 2007 while the 2nd – 15th Respondents filed their Reply dated 15th July, 2007 on 18th July, 2007. The Petitioner/Appellant later, on 7/8/2007 filed a reply to the 1st Respondent’s reply, dated 6/8/2007 in response to the alleged fresh Issues raised in the said 1st Respondent’s Reply to the Petition.

Sometime on 6th September, 2007 the 1st Respondent brought an application and prayed for the following Orders:-

“(a) An order of the Honourable Tribunal striking out the petition for want of competence OR

(b) An order striking out the purported written Statements on Oath of the Petitioner’s purported witnesses attached to the petition not being sworn on Oath in accordance with the Oaths Act.

(b) Upon (b) above, an order of the Honourable Tribunal striking out this petition for non compliance with paragraph 1 of the Election Tribunal and Courts Practice Directions, 2007.”

The 1st Respondent’s application was heard and vigorously opposed by the Petitioner/Appellant on 10/10/2007. By a Ruling of his majority delivered on 18/10/07, the tribunal struck out the petition, leading to the instant appeal.

Dissatisfied with the Ruling of the Tribunal which struck out the Appellant’s petition, he filed a Notice and Grounds of Appeal dated 8/11/07 on the same date.