Barrister Temi Harriman V. Dr. Alex Ideh & Ors (1999)

LawGlobal-Hub Lead Judgment Report

AKINTAN, J.C.A.

This is an appeal from the judgment of the Delta State National Assembly Election Tribunal holden at Asaba delivered on April 30, 1999. The judgment was in respect of two petitions filed against the declaration of the result of the election held on 20 February, 1999 in respect of the election into the Warri Federal Constituency seat. The two petitions with Nos. DT/EPT/NA/7/99 and DT/EPT/NA/9/99 were respectively filed by Dr. Alex Ideh and Mr. Emmanuel Orisetimeyin Orugboh against Miss Temi Harriman and others as defendants. The two petitioners and Temi Harriman were the candidates at the election. Dr. Alex Ideh was the candidate of the Peoples Democratic Party (PDP); Mr. Emmanuel Orugboh was the candidate of the Alliance for Democracy (AD); while Miss Temi Harriman was the candidate of the All Peoples Party (APP).

At the conclusion of the election, Miss Temi Harriman, the APP candidate, was declared the winner. Each of her two opponents then filed a separate petition. But following an application made to the tribunal, the two petitions were consolidated and heard together by the tribunal. Each of the two petitioners pleaded the facts relied upon in support of the respective petition and they also made identical prayers from the tribunal. Their identical prayers are as follows:

“(i) That the declaration of the Respondent as the Warri Federal Constituency House of Representative Elect, in the election to the Federal House of Representative purportedly held on the 20th day of February, 1999 by the 2nd respondent is NULL and VOID pursuant to the postponement and or cancellation of the election by the 3rd, 4th, 5th and 6th respondents vide letter dated 20th day of February, 1999 and radio announcement in Delta Broadcasting Service on 20/2/99 and 22/2/99.

(ii) AN ORDER that the 1st Respondent was not duly elected or returned by the 2nd respondent in the Warri Federal Constituency (Federal House of Representative Election) and that the election was Null and Void in view of the postponement and or/cancellation of the election by the 3rd, 4th, 5th and 6th respondents vide letter dated 20/2/99 and 22/2/99.

(iii) AN ORDER that a fresh election and or a bye election be conducted by the 3rd, 4th, 5th and 6th respondents in the Warri Federal Constituency for (House of Representative) election.”

Miss Temi Harriman, who was the 1st respondent in each of the two petitions, filed a reply to the petitions. Similarly, a joint reply was filed on behalf of INEC and all its officers joined in each of the two petitions. At the conclusion of pleadings, the two petitions were heard together. Evidence was led by the parties during the hearing and at the conclusion of the hearing the tribunal delivered its reserved judgment on 30/4/99. In it, the tribunal held, inter-alia, that the two petitions succeeded and that the election held in the Warri Federal Constituency on 20/2/99 as a result of which the 1st respondent was declared elected, was null and void.

The 1st respondent (Miss Temi Harriman) was dissatisfied with the verdict handed down by the tribunal. She accordingly appealed against it to this court. Ten grounds of appeal were filed against the judgment. The appellant filed an appellant’s brief and a reply brief in this court. A brief was filed on behalf of Dr. Alex Ideh, who is listed as the 1st respondent in the first of the two consolidated cases. A brief was also filed on behalf of INEC and its officials joined in the two cases respectively as 2nd to 6th respondents and 2nd to 10th respondents. No brief was however filed on behalf of Mr. Orugboh, the 1st respondent in the second of the two consolidated cases. But he was represented by a counsel, Ukubeyinje Esq., at the hearing of the appeal before this court.

The facts of the case as extracted from the petitions and evidence led at the trial are that the appellant and the two afore-mentioned candidates (Dr. Alex Ideh and Mr. Orugboh) were candidates in the election into the Federal House of Assembly scheduled for 20/2/99 in the Warri Constituency of Delta State. The appellant was the candidate of the APP, while Dr. Ideh was the candidate of the PDP. Mr. Orugboh was the candidate of the AD. On 19/2/99, all the necessary materials to be used by the INEC officials during the election were delivered by INEC to its officials who were to conduct the election. Early on the day fixed for the election, the INEC officials set out for their respective posts where they were to conduct the election. The election was scheduled to start at about 8.a.m.

However, a news item was issued by Mr. E. O. Effanga, INEC’s Administrative Secretary for Delta State, on behalf of INEC to the effect that the election into the Warri Federal Constituency along with some others in Delta State had been postponed by INEC. The news item signed by the Administrative Secretary for the Resident Electoral Commissioner, Delta State (admitted in evidence as Exhibit A) reads as follows:

“Independent National Electoral Commission

P.M .B, 5005. Asaba

Delta State of Nigeria

Ref No…….Date 20th February, 1999