Hon. Jessie Balonwu V. Senator Joy Emordi & Ors (2009)

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VICTOR A. O. OMAGE, J.C.A,

This is an appeal against the judgment of the panel, which sat on the Governorship Legislative Houses of Assembly Election Petition Tribunal, at Awka, Anambra State in Petition No. EPT/AN/NAE/SE/9/2007 on the Petition of Hon. Jessie Balonwu against Senator Joy Emordi and Others. The judgment was delivered on 17th June, 2008 Coram J.S Abiriyi and four others Judges on 14th June, 2008. The Tribunal dismissed the petition of the Petitioner, for election to the seat of Senator to the Senate on the Anambra North Senatorial District.

The petitioner was dissatisfied with the decision of the Tribunal and she has appealed to this Court. The petitioner deposed that the election was scheduled to take place on 21/4/2007, but did not hold, and the election was consequently purported to hold on 28 April, 2007.

The Petitioner contested the election on the platform of the Labour Party while the 1st Respondent contested on the platform of the Peoples Democratic Party.

In the petition filed against the declaration and return of the 1st respondent, the petitioner complained:-

(a) That no election took place in Anambra North Senatorial District in accordance with the provision of the Electoral Act, 2006.

(b) The Electoral Materials were not made available at the polling Unit by the supervisory presiding officer charged with the distribution of materials.

(c) Though in Anambra State Senatorial Areas, the seven Local Government Areas, where INEC has 7 polling agents and party agents. No election materials were alleged to have been delivered to the seven areas, these include result sheet, voters registers etc.

Consequently, no election took place at the polling units. No oath of neutrality was taken by 2nd to 213 respondents.

That the voters’ register was not displayed during the election of 28/4/2007 and that some of the irregularities were captured on video tapes.

(i) Whereof the petitioner prays that it may be determined that the 1st respondent was not duly elected and returned as a member of the National Assembly representing Anambra North Senatorial District in the National Assembly.

(ii) The election was invalid by reason of non-compliance with the provisions of the Electoral Act, 2006 which substantially infected and affected the purported return of the 1st respondent. The Petitioner therefore prays that the election of the 1st Respondent be nullified that the 2nd – 3rd respondents be ordered by the Tribunal to conduct fresh election in the Anambra North Senatorial District of Anambra State in accordance with the provision of the Electoral Act, 2006. In the proof of the allegation in the petition, the petitioner declared that she filed a list of witnesses in accordance with the Practice Direction, 2006, a list of witnesses, written deposition of witnesses on oaths who made their depositions on oath and a list of documents to be relied on at the hearing.

At the pre trial conferences, the following two issues were set down for hearing and determination namely: –

“(i) Whether the election of 28th April, 2007 in the Anambra State, Senatorial District was conducted in substantial compliance with the Electoral Act, 2006.