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Udom Gabriel Emmanuel V. Umana Okon Umana & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

The facts of this appeal and those of SC.1/2016, just disposed of now, and indeed, of the other appeals (SC. 2/2016; SC.4/2016; SC.6/2016 and SC.7/2016l, were conceived in the womb of and delivered from, the events of the said election of April 11, 2015. As such, it would be wearisome to repeat the same set of facts over and over. Accordingly, with regard to this appeal and the others [SC.2/2016; SC.4/2016; SC.6/2016 and SC.7/2016, it would suffice to adopt the chronological sequence of events, already, set out in SC.1/ 2016.

I may only add here that, while the appellant was dissatisfied with the part of the judgment of the Tribunal that nullified his elections in the eighteen LGAs, copiously, dealt with in SC.1/2016, the first and second respondent, who were, also, aggrieved by the said Tribunals order which upheld the results in thirteen LGAs, appealed to the Lower Court. The Lower Court set aside the said Judgment of the Tribunal with respect to the thirteen LGAs and nullified the results in the entire State. That prompted

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this appeal.

The appellant identified eight issues for the determination of this appeal. They were framed thus:

1. Whether the Lower Court was right when it held that the provisions of the INEC Approved Guidelines and Regulations for the Conduct of 2015 Elections, which require the mandatory use of Electronic Card Reader Machines for accreditation, and Exhibit 322 are not in conflict with the provisions of the Electoral Act, 2010 (as amended)
2. Whether the Lower Court was in error when it failed to apply its earlier decision in APC v Kolawole Agbaje. CA/L/EPT/751A/2015 and held that the decision was not applicable to the instant case
3. Whether in view of the state of pleadings, the Lower Court was not wrong when it held that the appellant, as well as the third-fifth respondents, have admitted the validity of the INEC Approved Guidelines and Regulations for the Conduct of 2015 Elections
4. Whether the Lower Court was not in error when it failed to follow the decision … in Omisore v Aregbesola [2015] 15 NWLR (Pt.1482) 205, but relied on its own decision to hold that it was unnecessary to call the makers of Exhibits 322 and 317 to

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testify in this case

5. Whether cognisant of the facts and evidence led, the Lower Court was not in error when it relied on Exhibit 317 to hold that the first and second respondents had proved irregularity in the accreditation process and the burden had shifted to the appellant and the third fifth respondents
6. Whether the Lower Court was not wrong when it held that the votes cast at the Akwa Ibom State Government election of April 11, 2015 were in excess of voters accredited for that election and the appellant did not secure majority of lawful votes cast
7. Whether the Lower Court was right when it held that there was no collation of results of the Akwa Ibom State Governorship election of April 11th, 2015 and votes were merely allocated
8. Whether on the totality of the facts and evidence led, the Lower Court was right in law to hold that the first and second respondents successfully discharged the burden of proving non-compliance with the provisions of the Electoral Act and the non-compliance affected the results of the entire election

RESOLUTION OF THE ISSUES

In view of the elaborate reasons advanced in SC.1/2006,

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on the error of the Lower Court in placing reliance on the Card Reader Report, Exhibit 317 alone, and the binding nature of this Court’s decision in Omisore v Aregbesola & Ors (supra), I am of the considered view that issues one, two, three and four are now academic. All the same, I adopt my decision on the said Exhibit 317 in SC.1/2016 as part of my reasons for the judgment of the same questions With respect to this appeal.

With regard to Exhibit 322 – INEC press Release on the mandatory implementation of its Guidelines on Card Reader accreditation -, it may only suffice to point out that this Court is yet to depart from its position in Buhari v Obasanjo (2005) 13 NWLR (Pt. 941) 1, 316 -317 on the status of the Directives of INEC vis-a-vis the provisions of Section 49 (1) and (2) of the Electoral Act. In that case, the provisions of Section 40 (1) and (2) of the Electoral Act, 2002, similarly, worded like the provisions of the extant Act, were construed. The Court took the view that such Guidelines were in conflict with the mandatory provisions of the Act. As, already, noted above, this Court is yet to depart from that position.

In the