Compulaw - 1st Indigenous Digital Law Library

Brief

Finding of fact
Notice of appeal to Supreme Court
Electoral Act and manual of election officials
Allegation of undue influence in conduct of election
Election petition
Onus of proof in election petition
Hearsay evidence
Joinder of parties
Pleadings
Oaths Act
Polling agents

Facts

The Presidential Elections was held on the 19th day of April, 2003 to fill the offices of the President and the Vice-President of the Federal Republic of Nigeria. The election, which was conducted nation-wide by the 3rd Respondent/Cross Appellant, was contested by candidates from 20 political parties. The 1st Appellant/Cross-Respondent together with another candidate (now deceased) contested the election as candidates of the 2nd Appellant/Cross-Respondent - All Nigeria Peoples Party (ANPP) - while the 1st and 2nd Respondents/Cross-Appellants contested as candidates of the People’s Democratic Party (PDP). The 1st and 2nd Respondents/Cross-Appellants were returned by the 5th Respondent/Cross-Appellant as duly elected President and Vice-President, of the Federal Republic of Nigeria respectively.

The 1st and 2nd Appellants/Cross-Respondents felt aggrieved and, therefore, as petitioners, brought a petition, before the Court of Appeal, on the 20th day of May, 2003, challenging the declaration of the 1st and 2nd Respondents/Cross-Appellants as President and Vice-president respectively and joining the 4th and 5th Respondents/Cross-Appellants, as well as the 3rd and 6th to 268th Respondents/Respondents as provided by Section 133(2) of the Electoral Act. 2002.

In their petition, which was amended twice, the 1st and 2nd Appellants/Cross-Respondents, pleaded in paragraphs 4 and 5 thereof, as follows: -

4
And your petitioners state that the candidates and their scores as arbitrarily assigned to each candidate and declared by the National Returning Officer for the Presidential election are as follow;

PARTY CANDIDATES TOTAL VOTES SCORED

ANPP

Pres; Buhari Muhammadu
Vice: Okadigbo Chuba William Malachy 12,710,022

APGA

Pres; Ojukwu Chukwuemeka Odumegwu
Vice: Bayero Sani Ibrahim 1,297,445

APLP

Pres; Okereke Osita Emmanuel
Vice: Abdullahi TukurAlhaji 26,921

ARP

Pres; Yahaya G.K. Ezemue Ndu
Vice: Hajia Asmau Aliyu Mohammed 11,565

BNPP

Pres; Nnaji Ifeanyi Chukwu Goodwill
Vice: Suleiman Mohammed Awwal 5,987

DA

Pres; Ferreira, Antonia Abayomi Jorge
Vice: Eboigbe Ehi 6,727

JP

Pres; Christopher Ogenebrorie Okorie
Vice: Habib Mairo Baturiya (Mrs) 119,547

LDPN

Pres; Chief Christopher Pere Ajuwa
Vice: Mohammed Nasir 4,473

MDJ

Pres; Yusuf Mohammadu Dikko
Vice: Chief Melford Obiene Okilo 21,403

MMN

Pres; Major MojisolaAdekunIe ObaS.A.Njo (rtd)
Vice: Mohammed Ibrahim 3,757

NAC

Pres; Agoro (Dr.) Olapade (Ronald Aremo)
Vice: Aminu Garbati Abubakar 5,756

NAP

Pres; Tunji Braithwaite
Vice: Hajia Maimunatu Lata Tombai (MON) 6,932

NCP

Pres; Gani Fawehinmi
Vice: Jerome (Jerry) Tala Gopye 161,333

NDP

Pres; Sen. IkeOmarS.A.NdaNwachukwu
Vice: Habu Fan Aliyu 132,997

NNPP

Pres; Dr. Kalu IdikaKalu
Vice:Jawi AbduIrahman Paga 23,830

PAC

Pres; Mrs. Sarah N. Jibril
Vice: Chief Elemosho Babatunde Tajudeen 157,560

PDP

Pres; : Chief Olusegun Obasanjo
Vice: Alhaji Atiku Abubakar 24,456,140

PMP

Pres; Nwankwo Agwucha Arthur
Vice: Batubo Benett Raymond 57,720

PRP

Pres; Musa Abdulkadir Balarabe
Vice: Okafor Earnest Ngozi 100,765

UNPP

Pres; Chief Nwobodo Jim Ifeanyichukwu
Vice: Goni Mohammed 169,609

The 1st Respondent who together with the 2nd Respondent were sponsored by the People’s Democratic Party was returned as elected.

5
The petitioners shall contend that the figures ascribed to each of the candidates in the result above pleaded were the product of deliberate wrong entries made by the 3rd Respondent's Agents or representatives at the wards. Local Government Areas and State collation centers. The declared result of the Presidential election held on the 19th April, 2003 is hereby pleaded."

The reliefs sought in the last Amended Petition are:-

a
"An order of the Court, that the election is invalid for reasons of non-compliance with substantial Sections of the Electoral Act 2002.
b
An order of the Court that the election is invalid for reason of corrupt practices.
c
An order of the Court that at the time of the election the 1st Respondent was not qualified to contest.

The trial of the petition, which lasted about I5 months, began before the Court of Appeal (Abddullahi, PCA) Mahmud Mohammed, J.C.A. (as he then was) Nsofor and Tabai, J.J.C.A) on the 25th day of September, 2003 ended on the 20th day of December, 2004. The Court having heard the 139 witnesses called by the 1st and 2nd petitioners (1st and 2nd Appellants/Cross- Appellants), the 100 witnesses called by the 1st and 2nd Respondents (1st and 2nd Respondents/Appellants) and the 116 witnesses called by the 3rd and 6th to 268th Respondents (3rd and 6th to 268th Respondents/Cross-Respondents). Being altogether to, 355 witnesses.

In the leading judgment of the Court of Appeal, delivered by Tabai, J.C.A, (with Nsofor J.C.A. dissenting), the Court held as follows:

I have considered the evidence in support of the allegations in each of the 14 States which elections (sic) were questioned. And in the exercise, I have cancelled the election in Ogun State, some Local Government Areas, Wards and Units. The question is the effect (sic) of this annulment on the election in the country. For the determinations (sic) of the question 1 refer to the provisions of Section 134(2) of the 1999 Constitution of the Federal Republic Nigeria.

The Court cancelled some election results on account of irregularities but declined canceling the two results of the election because the irregularities were not sufficiently substantiated. The Appellants appealed to the Supreme Court. The Respondents also cross-appealed against the decision.

Against that judgment, the petitioners filed 41 grounds of appeal and formulated issues for determination. The 1st and 2nd Respondents cross-appealed against the nullification of the presidential election results in Ogun State and in some Local Government Areas, Wards polling units in Akwa-Ibom State, Rivers State, Bayelsa and Taraba States as well as the finding of non-compliance with Section 18 of the Electoral Act and nullification of some provisions of the "Manual of Election Officials' Exhibit 'O". The 4th and 5th Respondents similarly cross-appealed on the finding that the election in Ogun State was manipulated.

Counsel representing the parties filed and exchanged the respective briefs

Buhari V. Obasanjo (2005) CLR 7(k) (SC)

Judgement delivered on July 1st 2005