CORAM

IGNATIUS IGWE AGUBE  – JUSTICE, COURT OF APPEAL

PARTIES

HON. EMIBRA EFIRIANDI AGBEOTU APPELLANTS

2. THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)3. THE RETURNING OFFICE BURUTU FEDERAL CONSTITUENCY4. THE ELECTORAL OFFICE BURUTU LOCALGOVERNMENT AREA? RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant and the 1st Respondent contested elections into the Federal House of Representatives for Burutu Federal Constituency of Delta State under the banners of All Nigeria Peoples Party (ANPP) and Peoples Democratic Party (PDP) respectively. The 2nd Respondent, the Independent National Electoral Commission (INEC) declared the 1st Respondent as duly elected. Dissatisfied with the result of the election, the Appellant filed a petition before the National Assembly Election Tribunal, Asaba, against the 1st Respondent and INEC and its functionaries as 2nd, 3rd and 4th Respondents on the grounds of unlawful votes. The Tribunal dismissed the petition. Aggrieved with this decision, the Appellant has appealed to this Court contending that not all the members of the Tribunal were present to hear the parties.?

HELD

Appeal Dismissed

ISSUES

• Whether the judgment of the Election Tribunal which consisted of five members and formed a ‘quorum under the Chairman throughout the trial can be vitiated merely because one of the members, not the Chairman, was said to have been absent when the 1st respondent presented his defence.• Whether or not the defence to the petition was properly upheld when it was based on matters expressly required by Law (paragraphs 12 and 15 of Electoral Act 2002) to be pleaded and adduced in Evidence, but which were clearly not pleaded and given in evidence.• Whether from the totality of the evidence on record and adduced before the tribunal during the trial, the petitioner has proved his case in order to entitle him succeed on his claim.?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Electoral Act

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