CORAM

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SULEIMAN GALADIMA (OFR)

ITA GEORGE MBABA     JUSTICE OF THE COURT OF APPEAL OF NIGERIA

PETER OLABISI IGE     JUSTICE OF THE COURT OF APPEAL OF NIGERIA

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PARTIES

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EZECHIMEREM MARTINET IHUOMA APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Appellant as Petitioner filed a petition against the election/return of the 1st Respondent as the elected member of the State House of Assembly representing Isiala Ngwa Local Government at the National and State House of Assembly Election Tribunal seeking that the 1st Respondent was not duly or validly elected/ returned as he did not score the highest number of lawful votes cast at the election, that the election and return of the 1st Respondent be determined for breach of the provision of the Electoral Act 2010 including rigging and manipulation of the electoral results, that it may be determined that going by the lawful votes cast at the election, the Petitioner ought to have been returned and should be returned as the elected member of the State House of Assembly among other reliefs. The Respondents in filing their replies, all urged the tribunal to dismiss the petition for incompetence. The Tribunal after considering evidence as led by parties dismissed the petition hence, this appeal contesting the decision of the Tribunal.

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HELD

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Appeal Dismissed

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ISSUES

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–    Whether, going by the evidence adduced at the Tribunal, Appellant was able to prove that the election of the 1st Respondent as declared by INEC into the House of Assembly Seat of Isiala Ngwa North Constituency of Abia State, following the 11th April 2015, elections, was done in utter disregard and/or violation of approved Guidelines for the said election, made pursuant to the provisions of the Electoral Act, 2010 (as amended), particularly with regards, to the use of smart card readers for accreditation of voters.Or put it differently:-    Whether Appellant had established substantial non-compliance with the Provisions of the Electoral Act, 2010 in the conduct of the election to suggest nullification of the declaration of the 1st Respondent by the 2nd Respondent as the winner of the April 11th 2015 Elections to the Assembly Seat of Isiala Ngwa North Consistency.

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RATIONES DECIDENDI

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INDEPENDENT ELECTORAL COMMISSION’S GUIDELINES, REGULATIONS AND MANUAL FOR CONDUCT OF ELECTION – LEGALITY OF INDEPENDENT ELECTORAL COMMISSION’S GUIDELINES, REGULATIONS AND MANUAL FOR CONDUCT OF ELECTION

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“I think the place of the INEC guideline, regulations and manual for the conduct of election cannot be wished away by any logical argument, no matter how brilliant, as the guidelines, regulations and manual, by operative rules of procedure, have become part and parcel of the Electoral Act, which vested authority on the Commission (INEC) to make them (guidelines, regulations and manual) for the purpose of giving effect to the provisions of the Act. That, I think, was the purport of the Section 153 of the Electoral Act, 2010, as amended. See the case of Ajadi v. Ajibola (2004) 16 NWLR (pt.898) 91 at 165, where Adekeye JCA (as she then was) said:
“Manual for election was made pursuant to Section 149 of the Electoral Act, 2002 while the instruction embodied therein are meant to be strictly followed by electoral officers. A contravention shall amount to non-compliance.” PER I.G. MBABA, J.C.A

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PROOF OF ALLEGATION OF CRIME IN AN ELECTION PETITION – MODE OF PROVING ALLEGATION OF CRIME IN AN ELECTION PETITION

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“The law on this has been well developed and expressly pronounced in many judicial decisions. See Section 124(6) of the Electoral Act 2010 (as amended) and the case of Buhari v. Obasanjo (2005) 13 NWLR (pt.941) 1; See also the case of DPP and Anor v. INEC & Ors (2008) LPELR – 4046, where it was held that allegation of crime in election Petition must be proved beyond reasonable doubt and must be linked with the Respondent:
“The law is settled that where petitioner fails to establish agency relationship between the perpetrators of the alleged acts of violence with the candidate returned as the winner of the election, then he cannot attribute any offence committed by the agent to the candidate. See also Saadu & Anor v. Afolabi & Ors (2012) LPELR – 7873 (CA).” PER I.G. MBABA, J.C.A

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ELECTION – ESSENCE OF ACCREDITATION PROCESS IN ELECTIONS

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“Accreditation process for election is primary and fundamental for a valid electoral process and the Law (Electoral Act and the Constitution) allows the Electoral Commission free hand to plan elections and to adopt requisite method(s) to register voters and to ensure proper identification of a registered voter while preparing him/her to vote. I believe that is what accreditation of voter is all about.” PER I.G. MBABA, J.C.A

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NULLIFICATION OF ELECTION – GROUNDS FOR NULLIFICATION OF ELECTION

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“By paragraph 28 of the Approved Guidelines of INEC, It is expressly stated:
“Where the total number of votes cast at a polling unit exceeds the number of registered Voters in the polling unit, the result of the election for that polling unit shall be declared null and void. Similarly, where the total number of votes cast at the polling unit exceeds the total number of accredited voters the outcome of the election shall be declared null and void.” PER I.G. MBABA, J.C.A

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DOCUMENTARY EVIDENCE – PROOF OF DOCUMENTARY EVIDENCE

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“A documentary evidence does not require oral testimony to complete it. See Lamire v. Data Processing Maintenance & Services Ltd (2005) 18 NWLR (pt.958) 438; B.F.I. Group v. Bureau of Public Enterprises (2007) LPELR – 8998 CA. PER I.G. MBABA, J.C.A

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CASES CITED

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria, 1999 (as amended)Electoral Act 2010(as amended)

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