The 3rd Respondent, that is INEC, in the discharge of its statutory responsibility, conducted Governorship election in Anambra State on the 18th November, 2017. The 1st Appellant was a candidate sponsored by the 2nd Appellant in that election. The 1st Respondent who was also a candidate sponsored by the 2nd Respondent, participated in the said election as well. Several other candidates sponsored by various political parties also participated in the election.
At the conclusion of the election, the If Respondent was declared the winner and accordingly returned as the elected Governor of Anambra State.
The Appellants herein were not happy with the declaration of the 1st Respondent as the winner of the election. Being aggrieved, they presented a petition before the Governorship Election Tribunal Holden at Awka, the Anambra State Capital. In the petition, dated and filed on the 9th of December, 2017, the Appellants sought for the following reliefs:
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1
That it be determined and thus declared that the 1st Respondent, Willie Obiano, who was the candidate of the 2nd Respondent was not duly elected or returned by the majority of the lawful votes cast at the Anambra State Governorship Election held on Saturday, 8th December, 2017.
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That it be determined and thus declared that the said Governorship Election of 18th November, 2017 and the return of the 1st Respondent, Willie Obiano, by the 3rd Respondent is void/invalid by reason of corrupt practices, non-compliance with the provisions of the Electoral Act 2010 (as amended), violation and breach of various provisions of the Electoral Act, 2010.
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3
That it be determined and declared that the 1st Respondent, Willie Obiano, did not score the majority of the lawful votes cast in at least two third of the twenty-one Local Government Areas in Anambra State at the Anambra State Governorship Election held on Saturday, 18th of December, 2017 and thus, his return by the 3rd Respondent is unconstitutional irregular, null and void and of no effect whatsoever.
The grounds upon which the petition was predicated are:
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1
That the election 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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AThat the 1st Respondent was not duly elected by the majority of the lawful votes cast at the election.
After filing all the necessary processes, the Appellants, by a Motion on notice dated and filed on the 20th of March, 2018 sought for an order of extension of time to amend their petition by pleading the scores of the thirty-seven candidates who took part in the election and to change the reliefs sought on the petition as well as to file additional written depositions of some witnesses. The Respondents opposed the application. After hearing the parties, the Tribunal dismissed the motion in a considered ruling which was delivered on the 23rd of April, 2018.
Thereafter the petition was heard on the merit where parties called their respective witness and tendered various items in evidence. At the end of the trial and after hearing counsel in argument, the Tribunal in a reserved and considered judgment delivered on the 5th of June, 2018, dismissed the petition and affirmed the declaration and return of the 1st Respondent as the Governor of Anambra State.
The Appellants were dissatisfied with the judgment of the Tribunal. Being aggrieved once more, they appealed to the Court of Appeal sitting in Enugu. Their Appeal was heard and in a unanimous decision of the five Justices of that court, same was dismissed for lack of merit
The Appellants appealed against the decision of the Court of Appeal.
