Udeme Ibanga Umoh & Anor V. Hon. Aniekan Akpan & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A.(Delivering the Leading Judgment)

This is on appeal against the judgment of the National Assembly and State House of Assembly Election Tribunal Holden in Ibom delivered on 9th of August, 2011. Being dissatisfied with the judgment, the Appellants, Petitioners in the Tribunal filed their Notice and 7 grounds of Appeal. The Appellants thereafter filed their appellants brief on 1st September, 2011 and articulated 6 issues for determination namely: –

(i) Whether the learned trial Tribunal Judges were right in holding that the 1st Respondent’s Form EC8E (i) is admissible in view of Section 91 (3) and 111 (1) of the Evidence Act, LFN, 2004 in other to conclude that the said election results was declared on 26th April, 2011. (Grounds 1, 3 and 4).

(ii) Whether the learned trial Tribunal Judges were right in holding that the 1st Respondent’s motion on notice dated 29th July, 2011 does not constitute abuse of court process. (Ground 2).

(iii) Whether the trial tribunal had necessary jurisdiction to hear and determine the 1st Respondent’s application of the time it did in view of the express provision of paragraph 12 sub 5 of the 1st Schedule to the Electoral Act, 2010 (as amended). (Ground 6).

(iv) Whether or not the trial tribunal was right when it held that Section 134 of the Electoral Act, 2010 still subsist in view of Section 32 of the Electoral (Amendment) Act, 2010. (Ground 5).

(v) Whether the learned trial Tribunal Judges were right in holding that a party ought to regularize his appearance before he can object to the jurisdiction of the tribunal (Ground 7).

(vi) Whether or not the ruling is against the weight of evidence in this case? (Grounds 1, 2, 3, 4, and 5)

The 1st Respondent filed his Respondent’s brief on 9th September 2011 and adopted the issues as formulated by the Appellants. Likewise the 2nd and 3rd Respondents filed their own Respective briefs on the 9th September, 2011.

Curiously, the Appellant filed a Preliminary objection with his reply to the 1st, 2nd and 3rd Respondent’s brief.

However on realizing the futility of this process abandoned same and it is hereby struck out.

I have read, the issues articulated by the appellant and adopted by the Respondents. The paramount issue to be dealt with is that bordering on the jurisdiction of the Tribunal to try this petition as filed.

The 1st Appellant was the candidate of the 2nd Appellant in the election held on the 26th April 2011. The 1st Respondent was the candidate of the 2nd Respondent. The 3rd respondent is INEC. After the election the 3rd Respondent declared the Results and Returned the 1st Respondent on the 26th April, 2011 vide form EC 8E (1) on page 320 of the Record of proceedings.

The appellants as petitioners at the Tribunal filed their petition on 18th May, 2011 which is not in dispute.