CaseLaw
PDP Vs. INEC (2014) CLR 9(b) (SC)
Judgement delivered on September 24th 2014
Brief
Facts
This is an appeal against the judgment of the Court of Appeal, sitting at Enugu, delivered on the 26th day of July, 2014, wherein the court dismissed the appeal of the appellant. The Court of Appeal upheld the decision of the Election Tribunal that the gubernatorial election in Anambra State on the 16th, 17th and 30th November, 2013 was held in substantial compliance with the provisions of the Electoral Act, 2010 (as amended) and affirmed that the 25th respondent was the winner of the election. Let me briefly state the facts leading to this appeal.
The 1st respondent herein, the Independent National Electoral Commission (INEC) gave notice of election for the office of the Governor of Anambra State scheduled to take place on 16th November, 2013. The election was duly conducted as scheduled, save in Obosi Ward in Idemili North Local Government Area, where the election was conducted on 17th November, 2013. Also, in 216 out of the 4,608 polling units in Anambra State, the election was postponed and was successfully concluded as supplementary election on 30th November, 2013 when the final result was declared. The appellant sponsored one Mr. Tony Nwoye to contest the election under its umbrella while the 25th respondent contested the said election on the platform of the All Progressive Grand Alliance, while twenty one (21) other political parties fielded candidates in the said election. At the end of the election, the 25th respondent was declared duly elected and was returned by the 1st respondent. Dissatisfied with the outcome, the appellant initiated an election petition at the Governorship Election Petition Tribunal, sitting at Awka by a petition dated 18th December, 2013 and filed on 20th December, 2013. Upon receipt of the petition, the respondents filed their respective replies. At the end of hostilities, the Tribunal dismissed the appellant's case and confirmed the declaration made by the 1st respondent. On an appeal to the Court of Appeal, the lower court affirmed the decision of the tribunal. The appellant has further appealed to this court.