CaseLaw
APC V. PDP & Ors (2015) CLR 4(b) SC.
Judgement delivered on April, 14th 2015
Brief
Facts
On the 21st day of June, 2014 the 3rd Respondent (INEC) conducted Governorship election in all the wards of the 16 Local Government Areas of Ekiti State. Eighteen political parties, including the appellant and 1st Respondent, contested the election through their respective candidates.
The result of the election showed that the 2nd Respondent, sponsored by his party, the Peoples Democratic Party (PDP) won with a total of 203,020 votes against a total of 120.433 scored by his closest rival a candidate of the main opposition party in the country, the All Progressive Congress (APC), the Appellant in this appeal.
Though its candidate at the election, John Olukayode Fayemi, accepted the result of the election and did congratulate the winner, Ayodele Peter Fayose of the PDP as shown in the record, the APC did not accept the result and challenged same at the Governorship Election Tribunal constituted for Ekiti State in Petition No. EPT/EKS/GOV/01/2014 as the sole petitioner.
In its petition, the petitioner averred, inter alia:
"... that the election was marred with irregularities that are unprecedented in the annals of elections in this country as 'photo chromic' and 'thermo chronic' ballot papers already programmed to favour the 1st and 2nd Respondents in all the polling units, were used."
"... that the election was marred with irregularities that are unprecedented in the annals of elections in this country as 'photo chromic' and 'thermo chronic' ballot papers already programmed to favour the 1st and 2nd Respondents in all the polling units, were used."
Not only did the appellant as petitioner adopt the facts averred in paragraphs 1 to 35 of the Petitioner, as facts in support of the grounds of the Petition, it also made and relied on specific averments in respect of some Local Government Areas in the State.
Based on the facts stated in its Petition the appellant (as Petitioner) sought the several reliefs and upon service of the petition on them the Respondents filed their replies, denying all the material averments therein.
At the end of the trial, the Tribunal considered the relevant materials before it as well as the addresses of learned Counsel representing the parties and came to the conclusion that:
"On the whole, all the relevant issues arising from the grounds upon which this petition is predicated and the reliefs sought therein having been resolved against the Petitioner, the petition is hereby dismissed for lacking in merit."