Independent National Electoral Commission (Inec) Vs Hon Emeka Atuma (2013)
LAWGLOBAL HUB Lead Judgment Report
JOHN AFOLABI FABIYI. J.S.C.
This is an appeal against the judgment of the Court of Appeal, Abuja Division (the court below) delivered on 13th December, 2011. Therein, the appeal by the 1st respondent against the judgment of the Federal High Court (the trial court) delivered on 21st April, 2011 was allowed and the decision was ultimately set aside.
It is apt to state the relevant facts leading to this appeal which arose from a dispute between the 1st respondent on the one part and the 2nd and 3rd respondents on the other part, as to whether or not Osisioma Ngwa Local Government Area was in Abia Central Senatorial District for the purpose of the 2011 general election for the said Senatorial District.
On 9th July, 2010, the 1st respondent wrote Exhibit EA1 to the appellant wherein he sought clarification on the Local Government Areas that comprised Abia Central Senatorial District. He received the appellant’s letter of clarification – Exhibit EA2 which disclosed the five (5) Local Government Areas as Ikwuano LGA, Isiala Ngwa North LGA, Isiala Ngwa South LGA, Umuahia North LGA and Umuahia South LGA.
The 1st respondent contended that the appellant established the National Advisory Committee on Delimitation of Constituencies in 2008 which submitted a report – Exhibit EA3 in July, 2009 and listed the above stated Local Government Areas in Abia Central Senatorial District. He maintained that though the committee considered a proposal to include Osisioma Local Government Area in Abia Central, the report of the Committee had not been approved.
Each of the 1st respondent and the 3rd respondent desired to represent the Peoples Democratic Party (PDP) as the candidate for the Abia Central Senatorial District. At the primaries which was conducted on 8th January, 2011 the Local Government Area of Abia State of Nigeria can fall both into the Abia South Senatorial District and the Abia Central Senatorial District.
Whether by the delineation of Senatorial Districts in Abia State of Nigeria by the 1st defendant acting pursuant to sections 71 and 72 of the Constitution of the Federal Republic of Nigeria 1999 as amended, Osisioma Ngwa Local Government Area of Abia State of Nigeria is part of the Abia Central Senatorial District.
Whether the 3rd defendant who at all material time is an indigene of and resident within Osisioma Ngwa Local Government Area of Abia State of Nigeria within the Abia South Senatorial District can lawfully contest for the position of a Senator in the Abia Central Senatorial District of Abia State of Nigeria.”
The 1st respondent contended that if the answers to the above questions are in the negative, he is entitled to the following reliefs namely: –
“1.A declaration of this Honorable Court that pursuant to the delineation of Senatorial Districts in Abia State of Nigeria, by the 1st defendant, Osisioma Ngwa Local Government Area of Abia State of Nigeria does not fall within the Abia Central Senatorial District.
A declaratory order of this Honourable Court that the 3rd defendant is ineligible to aspire to be sponsored by the 2nd defendant to contest the 2011 general elections to represent the Abia Central Senatorial District.
An order of this Honourable Court declaring as unconstitutional, null and void and of no legal effect whatsoever the nomination of the 3rd defendant by the 2nd defendant to run for and/or contest for the post of a Senator representing the Abia Central Senatorial District in the 2011 general elections to be conducted by the 1st defendant, based on false information/Senatorial District is comprised of six (6) and not five (5) Local Government Areas which included Osisioma Ngwa Local Government Area. The appellant maintained that it never altered the composition of the Senatorial District, subsequent to exhibit INEC 1.
The 2nd respondent filed a counter affidavit and contended that the current state of the Nigeria Law did not impose the requirement that an aspirant for an office of Senator must be an indigene of the affected area.
The 3rd respondent filed a counter affidavit and contended that the 1st respondent’s Exhibit EA2 was a false document and that there was a need to subpoena the author to testify in the light of the contention of the appellant as well as the numerous electoral documents, to the effect that Osisioma Ngwa Local Government Area was within Abia Central Senatorial District. The 3rd respondent annexed the following exhibits, viz:
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