May 19, 2025
Legalpedia Citation: (2011) Legalpedia (CA) 01027 In the Court of Appeal HOLDEN AT ENUGU Tue Dec 13, 2011 Suit Number: CA/E/EPT/38/2011 CORAM VICTOR A. O. OMAGE, OFR […]
CORAM
VICTOR A. O. OMAGE, OFR JUSTICE COURT OF APPEAL
PARTIES
1. MR. ENYI O. CHUKWUMA
2. ALL NIGERIA PEOPLES PARTY (ANPP)
APPELLANTS
1. DEACON CELESTINE IGWE NWORJI
2. PEOPLES DEMOCRATIC PARTY (PDP)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st Appellant and the 1st Respondent were among the candidates that contested the Ebonyi State House of Assembly elections for Ezza North-West State Constituency. Upon the conclusion of the election, Independent National Electoral Commission (INEC) declared and returned the 1st Appellant as the winner of the election, having polled a total of 7, 428 votes. The 1st Respondent came second with a total of 7, 148 votes. Piqued with the declaration, the1st and 2nd Respondents jointly challenged same at the National and State Houses of Assembly Election Tribunal Ebonyi State sitting at Abakaliki.
The Respondents alleged that they were the duly elected candidates and political party respectively having scored majority of valid votes cast at the said elected but were wrongly and unlawfully not declared winner and also that the election result was invalid and or inconclusive by reason of corrupt practices and non-compliance with the provisions of the Electoral Act 2010 (as amended). Hence, the Respondents prayed for the following:- that it be determined that the refusal of the 3rd Respondent’s Electoral personnel to record the result of elections in Nweke Ekpuru Polling Unit (009) Oriuzor Ward as counted and announced at the polling booth and non-counting and recording of votes cast in Umuekee Hall Polling Unit (001) Inyere Ward in Ezza North-West State House of Assembly Constituency have rendered the said result purportedly declared by the 3rd Respondent invalid and/or inconclusive for being a violation of the Electoral Act, 2010 (as amended), that the 1st Petitioner be declared the duly elected member of Ebonyi state House of Assembly, Ezza North-West Constituency, taking into account the votes so far declared in addition to that of Nweke Ekpuru Polling Unit (009) which is 706 votes and votes cast at Umuekee Hall Polling Unit (001) Inyere Ward yet to be counted, an order that votes as counted at Nweke Ekpuru Polling Booth (009) on 26/04/2011 be recorded for all the political parties. Upon consideration of the arguments of the parties, the Tribunal entered its ruling in favor of the Respondents and declared the 1st Respondent the winner of the election. Aggrieved by the decision of the tribunal, the Appellants challenged same vide an appeal before the Court of Appeal.
HELD
Appeal Allowed
ISSUES
1.Whether from the pleadings and the evidence led the tribunal was right in their decision that election was held at Nweke Ekpuru Unit, that counting was done and that scores of candidates and their parties entered in Form EC8A (I) collated at the ward Collation Centre and constituency Centre?
2.Was the tribunal right that the results of Nweke Ekpuru Polling Unit was excluded or re-written by the ward collation officer on the instruction of the electoral officer?
3.Whether the tribunal was right in computing the final result on the basis of exhibit P1 the Form EC8A (I) result of Central School Oriuzor Unit 009 and declaring the 1st petitioner the winner of the election?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Electoral Act 2010 (as amended)Evidence Act