At the Governorship election held in Anambra State on 16th, 17th and 30th November, 2013, twenty - three candidates sponsored by their respective Political Parties took part in the election. At the conclusion of the election, Chief Willie Maduabuchi Obiano who was the candidate sponsored by the All Progressives Grand Alliance (APGA) emerged the winner with 180, 178 votes while Comrade Tony Nwoye of the Peoples Democratic Party (PDP) came second with 97,700 votes and was closely followed by Senator (Dr.) Chris Nwabueze Ngige, candidate of All Progressives Congress (APC) with 95,963 votes. Chief Willie Maduabuchi Obiano was therefore returned as the duly elected Governor of Anambra State. Senator Chris Nwabueze Ngige and his Party were dissatisfied with the conduct of the election and they filed a petition No. EPT/GOV/AN/02/2013 before the Governorship and Legislative Houses Election Tribunal of Anambra State sitting at Awka. The Petition was consolidated with two others namely:- EPT/AN/GOV/03/2013 - PDP v. INEC & 25 Ors. and EPT/AN/GOV/04/2013 Nwoye Tony Okechukwu v. INEC & 25 Ors. The grounds upon which the election was questioned were:-
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i
That the election of the 3rd respondent Chief Willie Maduabuchi Obiano, the person whose election is questioned, was invalid by reason of non - compliance with the provisions of the Electoral Act, 2010 (as amended) and the INEC Manual for Election Officials 2013/2014;
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ii
That the said election was marred by various acts of corrupt practices;
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iii
That the said Chief Willie Maduabuchi Obiano was not elected by the majority of lawful votes cast at the election;
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iv
That the said Chief Willie Maduabuchi Obiano was not qualified to contest the election.
The Petitioners (now appellants) prayed for the following reliefs:-
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a
That it may be determined that the 3rd respondent, Chief Willie Maduabuchi Obiano was not duly elected or returned and that his election was void.
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b
That it may be determined that the use of invalid voters' register rendered the elections of 16th, 17th and 30th November, 2013 invalid by reason of non – compliance with provision of the Electoral Act 2010 (as amended)
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c
That it may be determined that the Anambra State Governorship election held on the 16th, 17th and 30th November, 2013 was invalid by reason of corrupt practices and/or non - compliance with the provisions of the Electoral Act, 2010 (as amended).
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d
That it may be determined that the 3rd respondent was not qualified to contest the said election as a candidate of the 4th respondent.
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e
That it may be determined that the 3rd respondent, Chief Willie Maduabuchi Obiano was not duly elected by majority of lawful votes cast at the said Governorship Election and did not receive 25% of votes cast in two – thirds of the 21 Local Government Areas of Anambra State a required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended)
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f
That it may be determined and declared that the election and return of the 3rd respondent be nullified and a fresh election is ordered amongst the parties and candidates save 3rd and 4th respondents.
The tribunal dismissed the petition and the appellants appealed to the Court of Appeal, Enugu in appeal No. CA/E/EPT/07/2014. The Court of Appeal delivered its judgment on 26th July, 2014 dismissing the appeal. The appellants have further appealed to this court.
