The Independent National Electoral Commission, on Tuesday, opened and closed its defence in Peter Obi’s petition challenging the result of the February 25 presidential election.

Recall that Bola Tinubu was declared the winner of the election and was sworn in as the president on May 29.

Obi of the Labour Party is urging the Presidential Election Petition Court in Abuja to set aside Tinubu’s victory on the grounds that the Independent National Electoral Commission failed to comply with the electoral laws.

At the resumed proceedings on Tuesday, counsel for INEC, A.B Mahmoud, SAN, proceeded to close its defence in the petition after calling the first witness, Lawrence Bayode, an assistant director in charge of its ICT department.

Bayode had also testified yesterday in aid of the commission’s defence against the petition filed by Atiku Abubakar of the Peoples Democratic Party.

He was led in evidence by the commission’s lead counsel, A.B. Mahmoud, SAN, who also tendered some documents in the course of the proceedings.

The witness, under cross-examination, said that even if blurred documents were downloaded from INEC’s Result Viewing portal, it will not affect the physical results as recorded in the polling units results, otherwise called form EC8A.

He said the images of forms EC8A captured with the Bimodal Voters Accreditation System and transmitted to IReV are not relevant for the collation of results.

When examined by counsel for the All Progressives Congress, L.O Fagbemi, SAN, the witness told the court that the glitch recorded during the last presidential election did not affect the collation of the election results.

He added that if what was downloaded from the IreV are not clear the physical results could also be obtained.

The petitioners also tendered the E- transmission saver Web and compliance form through the witness. It was admitted and marked as evidence.

The witness told the court that the pre-production test was carried out before the election.

The witness agreed with counsel for the petitioners, Patrick Ikweato, SAN, that the report of the E-Transmission application identifies remediation to be undertaken to resolve the high vulnerability identified in the report.

The five-member panel headed by Justice Haruna Tsammani adjourned the court proceeding to tomorrow (Wednesday) when Tinubu and his vice, Kassim Shetima will open their defence.

IN THE GOVERNORSHIP ELECTION TRIBUNAL

IN THE ENUGU STATE GOVERNORSHIP ELECTION TRIBUNAL HOLDEN AT ENUGU.

IN THE MATTER OF THE ELECTION TO THE OFFICE OF THE GOVERNOR OF ENUGU STATE HELD ON THE 18TH DAY OF MARCH, 2023

PETITION NO.__________________
BETWEEN:
1. EDEOGA CHIJIOKE JONATHAN
2. LABOUR PARTY PETITIONERS
AND
INDEPENDENT NATIONAL
ELECTORAL COMMISSION RESPONDENTS

MBAH PETER NDUBUISI
PEOPLES DEMOCRATIC PARTY

THE PETITION
THE PETITION OF EDEOGA CHIJIOKE JONATHAN AND LABOUR PARTY BOTH OF NO.29 NANKA STREET, BY ASSEMBLIES OF GOD BUS STOP, NEW HAVEN, ENUGU, ENUGU STATE OF NIGERIA WHOSE NAMES ARE SUBSCRIBED.

PART A:
PARTIES INTERESTED IN THE PETITION AND THE RIGHT OF THE PETITIONERS TO PRESENT THE PETITION.
This Election Petition is presented by Edeoga Chijioke Jonathan (the 1st Petitioner on record) and LABOUR PARTY, (the 2nd Petitioner on record). They shall, where the context so admits be jointly referred to as the “Petitioners;” and both of them are interested parties in this Petition.

The Petition is in respect of the election to the Office of Governor of Enugu State of Nigeria, which held on Saturday, the 18th day of March, 2023 across the 17 Local Governments Councils of Enugu State of Nigeria.

The 1st Petitioner as a duly registered voter had a right to vote and indeed voted at the said election which took place on 18th March, 2023. He sometimes describes himself/is described as Jonathan Chijioke Edeoga or Hon. Chijioke Edeoga.

The 1st Petitioner was duly sponsored by the 2nd Petitioner, on whose platform the 1st Petitioner contested the election. The Petitioner shall at the trial rely on the 1st Petitioner’s nomination forms/documents filed with the 1st Respondent.

The 1st Petitioner, accordingly, was a candidate at the election and had a right to be returned as the duly elected candidate at the said election.

The 2nd Petitioner is a duly registered political party under the Laws of the Federal Republic of Nigeria, and was the political party which sponsored the 1st Petitioner as its candidate to contest the election to the office of Governor of Enugu State held on Saturday, 18th March, 2023 across Enugu state.

The 2nd Petitioner is a body corporate with perpetual succession and in the sponsorship of the 1st Petitioner and the conduct of the election thereof, acted through its members duly appointed as agents at all stages of the election, namely, at the Polling Units, Ward Collation Centres, Local Government Collation Centres, and the State Collation Centre.

In the conduct of the election, the agents duly appointed by the Petitioners performed their assigned and statutorily designated roles at the election, including observing and monitoring of the arrival of the election materials where they were supplied by the 1st Respondent, the process of accreditation, voting, counting of votes and announcement of the results of the election. The said Agents where the election proceeded in due form, upon the 1st Respondent’s Agents duly entering the results in the result sheets at the Polling Units, signed and collected duplicate copies of the result sheets.

In appropriate cases, these Agents raised complaints about anomalies where they occurred and reported such complaints to designated officers of the Petitioners and the 1st Respondent.

The 1st and 2nd Petitioners, in accordance with the prevailing laws, have the right to present this Petition to this Honourable Tribunal, which right stems from the participation of the 1st Petitioner as candidate and the 2nd Petitioner as the sponsoring political party.

The 1st Respondent, which is the Independent National Electoral Commission (hereinafter referred to as INEC,) is the electoral body created under the 1999 Constitution of Federal Republic of Nigeria (as Amended), herein after referred to as the 1999 Constitution). The body is vested with powers and functions assigned by the 1999 Constitution and the Electoral Act, 2022, which include the organization and conduct of prescribed elections in the Federal Republic of Nigeria, including the election to the office of Governor in the States of Nigeria and was the body that conducted the Enugu State Governorship election held on Saturday the 18th of March, 2023, the subject matter of this petition. The said 1st Respondent is also, therefore, a party interested in this Petition.

In the discharge of its duties in the conduct of the election, the 1st Respondent acted through its regular and ad-hoc staff who functioned at the designated venues and stages of the election as Poll Clerks, Assistant Presiding Officers, Presiding Officers, Ward Collation Officers, Local Government Collation Officers, State Collation Officers, Electoral Officers, the Resident Electoral Commissioner, the Chief Returning Officer and other persons who acted in one capacity or the other on behalf of the 1st Respondent at the aforesaid election as agents of the 1st Respondent.

The 2nd Respondent, although not qualified, was a candidate in the Enugu State Governorship Election held on Saturday, 18th March, 2023, and contested under the platform of the 3rd Respondent. He at times describes himself/is described as Mr. Peter Ndubuisi Mbah; and he is also a party interested in this Petition.

The 3rd Respondent is a registered political party under the laws of the Federal Republic of Nigeria which purportedly sponsored the 2nd Respondent and therefore participated at the election, the subject matter of this petition. It is also a party interested in this Petition.

The Petitioners and the Respondents are therefore parties who are interested in this petition and the outcome thereof.

HOLDING OF THE ELECTION, SCORES OF THE CANDIDATES AND THE PERSON RETURNED.

At the conclusion of the scheduled election, the collation of results lasted until the 22nd day of March, 2023 when the 1st Respondent eventually announced the result of the election and declared the scores of the candidates in the manner following, as contained in Form EC8E (even though a certified copy of the said Form EC8E shows that it was dated 18th March, 2023) thus:

TABLE A: RESULTS AS CONTAINED ON FORM EC8E.

S/N
NAME OF CANDIDATES
GENDER
POLITICAL PARTY
TOTAL VOTES RECEIVED IN FIGURES

1
OGBE CHUKWUNONSO DANIEL
M
AA
330

2
OGBODO RAYMOND KENECHUKWU
M
AAC
146

3
DONATUS MADUBUIKE OZOEMENA
M
ADC
1,160

4
OMEJE NNAMDI
M
ADP
382

5
NNAJI GEOFFREY UCHECHUKWU
M
APC
14,575

6
NWEKE FRANK NNAEMEKA JR
M
APGA
17,983

7
IKEH KENNETH ODOH
M
APM
358

8
ANI AFAMEFUNA SAMUEL
M
APP
158

9
NNAMANI OBIOMA NNAEMEKA
M
BP
319

10
EDEOGA CHIJIOKE JONATHAN
M
LP
157,552

11
EZE CAJETAN
M
NNPP
2,107

12
MAMAH CYRIL ELOCHUKWU
M
NRM
854

13
MBAH PETER NDUBUISI
M
PDP
160,895

14
AGU CHRISTOPHER EJIKE
M
PRP
850

15
NWEZE PEARL OGOCHUKWU
F
SDP
65

16
EDEH UGOCHUKWU BETHEL
M
YPP
397

17
UGWOKE ELVIS CHINAZAM
M
ZLP
332

Based on the 1st Respondent’s declaration as contained in Form EC8E above, the summary of the result, Form EC8D disclosed the following:

TABLE B

A .
Total number of registered voters
2112793

B.
Total number of accredited voters
381971

C.
Total number of valid votes
358463

D.
Total number of rejected votes
9088

E.
Total number of votes cast
367551

F.
Percentage turn out

G.
Margin of lead
3,338

H.
Total number of PVC collected
1,995,389

The above-mentioned Form EC8D is hereby pleaded and shall be relied on at trial.

The Petitioners state that the 1st Respondent wrongfully returned the 2nd Respondent as the winner of the election and issued him with a Certificate of Return, in that the votes/scores recorded in the disputed polling units (particulars thereof pleaded/tabulated hereunder) were mainly that the 1st Respondent’s agents/collation officers made arithmetical errors while computing results from some polling units into ward result sheets (particulars thereof also pleaded/tabulated hereunder), which saw wrongful recording of votes in favour of the 2nd and 3rd Respondents.

The Petitioners hereby plead and shall rely on certified copies of Forms EC8A in the disputed Polling Units, Forms EC8B in the disputed Wards, Forms EC8C in the disputed Local Governments, Form EC8D (being the summary of results) and Form EC8E (being the declaration of results) issued by the 1st Respondent, not only to show the recorded scores, but also to demonstrate the arithmetical or mathematical errors in the scores recorded in favour of the 2nd and 3rd Respondents thereon. Payment receipts issued by the 1st Respondent for certification of these documents and other documents certified by the 1st Respondent are also hereby pleaded.

Furthermore, the Petitioners hereby plead the duplicate copies of the Forms EC8A, EC8B, EC8C in the disputed Polling Units, Wards, Local Governments as well as Forms EC8D and EC8E, which were duly issued to the Party Agents of the Petitioners at the conclusion of the election.

The Petitioners also plead and shall rely on the reports and evidence of their experts, including statisticians, forensic examiners and other witnesses as well as report of inspection and production of materials, produced upon Orders made by this Honourable Tribunal.

2.0 PART B.

GROUNDS UPON WHICH THE PETITON IS BASED.
The Petitioners state that the grounds upon which the petition is based are:

The 2nd Respondent was, at the time of the election, not qualified to contest the election.

The 2nd Respondent was not duly elected by majority of lawful votes cast at the election.

The Election was not conducted in compliance with the Electoral Act.

2.1 FACTS OF THE ELECTION PETITION.

2.2 FACTS IN SUPPORT OF GROUND ONE ABOVE.

THE 2ND RESPONDENT WAS, AT THE TIME OF THE ELECTION, NOT QUALIFIED TO CONTEST THE ELECTION.

The Petitioners contend that the 2nd Respondent was, at the time of the election, not qualified to contest the disputed election to the office of Governor of Enugu State, in that he presented a forged National Youth Service Corps (NYSC) Certificate bearing Certificate Number: A808297 to the 1st Respondent in aid of his qualification.

The Petitioners aver that under the 1999 Constitution of Nigeria (as amended), the 2nd Respondent was disqualified from contesting the disputed election to the office of Governor of Enugu State held on 18th March, 2023, he having presented a forged National Youth Service Corps Certificate with Certificate Number A808297 to the 1st Respondent.

The Petitioners aver that the 2nd Respondent while filling his Form EC9 (Affidavit of Personal Particulars) claimed therein that he partook in the one-year compulsory National Youth Service Corps (NYSC) Scheme, at the end of which he (the 2nd Respondent) claimed in the said Form/Affidavit to have been issued with a National Youth Service Corps Certificate bearing Certificate Number: A808297.

The Petitioners further aver that, even though the 2nd Respondent was mobilised for the compulsory National Youth Service Corps in the year 2002, the 2nd Respondent absconded and failed to participate fully in the exercise.

Consequent to the above, the National Youth Service Corps did not issue the 2nd Respondent with a National Youth Service Certificate.

The Petitioners shall, therefore, lead evidence at the trial of this Petition to show that the National Youth Service Certificate attached to the 2nd Respondent’s Form EC9 (Affidavit of Personal Particulars) did not emanate from the National Youth Service Corps (NYSC), but was forged.

Particulars of Forgery

On the 23rd of November, 2022, one Mary Nneoma Elijah, Esq. of Omas & Partners, Suite F35, Efab Mall Extension, Area 11, Garki Abuja, made a written correspondence/request to the Director General, National Youth Service Corps, Plot 416 Tigris Crescent, off Aguiyi Ironsi, Maitama, Abuja as follows:

“We most humbly request pursuant to Section 1 of Freedom of
Information Act, 2011, a confirmation of the status of Mr. Peter Ndubuisi Mbah, a graduate of University of East London, United Kingdom with National Youth Service Corps to wit:
Whether he made himself available for one year compulsory National Service to our father land in line with Section 2(b) of the NYSC Act Cap N84 2004.
Confirmation of the attached copy of the Certificate of National Service with NYSC No: LA/FRN/01/800351 by issuing a certified True Copy of his NYSC certificate in your custody.
The Year of his service, and the state and place of his primary assignment.
Provide us with any other relevant information regarding his service to our father land.
It is our firm believe that the attached copy of his Certificate of
National Service will assist you in providing us with the requested information within 7 clear days pursuant to Section 4 of Freedom of
Information Act.”

The Petitioners shall rely on either the Original or a Certified copy of the acknowledgement copy of this correspondence/letter of 23rd November, 2022 addressed to the Director General, National Youth Service Corps, together with a copy of the purported NYSC Certificate attached thereto, which are hereby pleaded.

As can be seen in the copy of the purported NYSC Certificate (No. A808297, dated 6th January, 2023) attached to the correspondence/request of 23rd November, 2022, Mbah Peter Ndubuisi, with NYSC No. LA/FRN/01/800351, was falsely stated to have “satisfactorily completed one year of national service from 7th January, 2002 to 6th January. 2003….”

By the correspondence dated 1st February, 2023, with Ref. No. NYSC/CCD/VERC/10/S.I/Vol II/02, addressed to the Principal Partner, Omas & Partners, Suite F 35, Efab Mall Extension, Area II, Garki Abuja (Attention Mary Nneoma Elijah), the Director Corps Certification of the National Youth Service Corps, Ibrahim A. Muhammed, who signed for the Director-General, wrote expressly as follows:

“I am directed to refer to your letter dated 23rd November, 2022 on
the above subject and to convey Management’s delight for compliance with the provision of NYSC Act regarding presentation of the Certificate of National Service or Exemption Certificate by employees/prospective employees holding Degree and HND Certificates.

2. We are pleased to inform you that the Certificate of National Service belonging to Mbah Peter Ndubuisi with Certificate Number: A808297 forwarded for verification was not issued by the NYSC.”

The Petitioners hereby plead and shall rely on the original and/or certified copy of the correspondence dated 1st February, 2023 addressed to Omas & Partners, Suite F 35, Efab Mall Extension, Area II, Garki Abuja. The Petitioners may also rely on the records of the NYSC Certificates issued by the NYSC to persons who had completed their NYSC schemes in the 2002/2003 year, to buttress this point.

The purported NYSC certificate bearing the name of the 2nd Respondent was one of the documents included in Form EC9, submitted by the 2nd Respondent to the 1st Respondent.

The 1st Respondent on the 14/7/2022, duly stamped and acknowledged receipt of the 2nd Respondent’s Form EC9, with accompanying documents, including the purported National Youth Service Corps Certificate bearing the name of the 2nd Respondent. A certified copy of the said Form EC9, together with the accompanying documents, including the purported National Youth Service Corps Certificate No. A808297, submitted by the 2nd Respondent to the 1st Respondent as well as the receipt of payment for certification, are hereby pleaded and shall be relied upon by the Petitioners at the hearing of this Petition.

Notwithstanding the foregoing, the 2nd Respondent in his Form EC9 declared falsely on oath that all the answers, facts and particulars he gave in the said Form EC9 were true and correct and that he fulfilled all the requirements for qualification to contest election for the office of the Governor of Enugu State of Nigeria.

29. Based on the above-pleaded facts and particulars therefore, the Petitioners maintain that the 2nd Respondent, in the light of the forgery of the National Youth Service Corps Certificate bearing Certificate Number A808297, was not qualified to contest the Governorship Election held in Enugu State on the 18th of March, 2023.

30. In view of the pleadings above, it is the Petitioners’ case that:

Since the 2nd Respondent was not, in the first place, qualified to contest the 18th March, 2023 Governorship Election in Enugu State, all the votes recorded for the 2nd and 3rd Respondents on Saturday, 18th March, 2023 in the said Election and the result declared by the 1st Respondent as for them, shown on Form EC8E in respect thereof, where the said 2nd and 3rd Respondents were recorded/shown to have scored 160,895 votes, are wasted votes.

The 1st Petitioner is therefore entitled to be declared the winner of the election, he being the candidate who has satisfied the constitutional requirements of scoring the highest number of votes, as shown in the Form EC8E, already pleaded above.
In addition to scoring the highest number of lawful votes cast at the said Governorship election, the 1st Petitioner also scored at least 25% of the votes cast in at least two-third of the 17 Local Government Areas of Enugu State, in which case, the Petitioners hereby plead.

The Petitioners hereby specifically plead the INEC prescribed Form EC8D demonstrating the required spread fulfilled by the Petitioners in the elections under reference.

The Petitioners hereby demonstrate in TABLE C below the 25% votes scored by the 1st Petitioner in the Governorship Election held in Enugu State on the 18th of March, 2023.

TABLE C: ARITHMETICAL CALCULATION SHOWING 25% IN AT LEAST 2/3 OF LGAs

S/N
LOCAL GOVERNMENT AREAS
CODE
TOTAL VALID VOTES
LP VOTES
LP % VOTES
REMARKS

1.
ANINRI
01
11,619
3,431
29.50
satisfied

2.
AWGU
02
18,939
5,462
28.80
satisfied

3
ENUGU EAST
03
28,974
12,405
42.80
satisfied

4.
ENUGU NORTH
04
23,162
9,610
41.40
satisfied

5.
ENUGU SOUTH
05
22,096
7,438
33.60
satisfied

6.
EZEAGU
06
15,041
5,949
39.50
satisfied

7.
IGBO ETITI
07
23,670
11,941
50.40
satisfied

8.
IGBO-EZE NORTH
08
19,930
9,955
49.90
satisfied

9.
IGBO-EZE SOUTH
09
16,007
9,680
57.90
satisfied

10.
ISI-UZO
10
19,384
12,518
64.50
satisfied

11.
NKANU EAST
11
19,246
1,864
09.60
Not satisfied

12.
NKANU WEST
12
14,466
2,577
17.80
Not Satisfied

13.
NSUKKA
13
44,417
30,294
68.20
satisfied

14.
OJI-RIVER
14
16,707
7,747
46.30
satisfied

15.
UDENU
15
22,954
11,315
49.20
√

16.
UDI
16
27,954
10,109
36.10
√

17.
UZO-UWANI
17
13,897
5,257
37.80
√

TOTAL

358,463
157,552

Satisfied.

The Petitioners aver that Edeoga, Chijioke Jonathan, the 1st Petitioner, of Labour Party (LP), met the 25% threshold in fifteen (15) Local Government Areas.

Premised on the foregoing facts, the Petitioners shall contend that the 2nd Respondent was not, at the time of the Governorship Election held in Enugu State on the 18th of March, 2023, qualified to contest/was disqualified from contesting same; hence all the votes cast for him and the 3rd Respondent were, are and remain wasted votes.

Consequently, the Petitioners plead that, they having secured the highest number of lawful votes cast at that Election (since the purported votes of the 2nd and 3rd Respondents thereat are wasted votes); and having also secured at least 25% of the votes in not less than 2/3 of the Local Governments of Enugu State, the 2nd Petitioner is entitled to be declared the winner of that Election and be issued with a Certificate of Return, after the one issued to the 2nd Respondent has been voided by the Orders of this Honourable Tribunal.

2.3 FACTS IN SUPPORT OF GROUND TWO

2.4 THE 2ND RESPONDENT WAS NOT DULY ELECTED BY MAJORITY OF LAWFUL VOTES CAST AT THE ELECTION.

31. The Petitioners aver that in the collation process during the Enugu State Governorship Election held on 18th March, 2023, there existed in the disputed Collation Centre results computation errors whereby the number of lawful votes cast in favour of the various political parties and their candidates was wrongly computed and inaccurately collated and the votes of the Petitioners suppressed particularly in Udenu Local Government and Igbo Eze North Local Government Areas respectively.

INCIDENCE IN UDENU LOCAL GOVERNMENT

32. The Petitioners aver that 17 polling units were affected in Udenu Local Government wherein votes were suppressed to the adverse interest of the Petitioners contrary to what transpired at the polling units on the date of the election and as duly entered in the FORM EC8As in the affected polling units. The Petitioners hereby demonstrate the true reflection of the polling units affected in contradistinction of what was entered in the FORMs EC8B.

TABLE D – SERIES

OBOLLO-ETITI WARD 05
POLLING UNIT 001 UMUOLEYI PRIMARY SCHOOL

S/N
Polling Unit
LP
PDP

1.
001 Umuoleyi Primary School

45
18

33. The Petitioners hereby specifically plead the polling unit results as set out in the prescribed FORM EC8A dated the 18th day of March, 2023 and shall rely on same at the hearing of this Petition.

34 The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follows:

S/N
Polling Units
LP
PDP

1.
001 Umuoleyi Primary School

16
51

35 The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this Petition.

POLLING UNIT 002 AMAGU HALL

S/N
Polling Unit
LP
PDP

1.
Polling Unit 002 Amagu Hall

79
60

The Petitioners hereby plead a copy of the FORM EC8A for the Amagu hall polling unit code 002 and same shall be relied upon at the trial of this Petition.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 002 Amagu Hall

60
79

The table above clearly reveals a case of votes swapping in favour of the 2nd and 3rd Respondents. The Petitioners hereby plead specifically the Form EC8B and same shall be relied upon at the hearing of this Petition.

The Petitioner shall contend that the swap was unlawfully effected to the advantage of the 2nd and 3rd Respondents and to the detriment of the Petitioners.

POLLING UNIT 003 UMUOSIGIDE ULO PRIMARY SCHOOL.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 003 Umuosigide Ulo Primary School

109
34

The Petitioners hereby specifically plead the polling unit results as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes recorded in Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 003 Umuosigide Ulo Primary School

34
109

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this Petition.

POLLING UNIT 008 ADA PEOPLE’S SCHOOL

S/N
Polling Unit
LP
PDP

1.
Polling Unit 008 Ada People’s School

49
33

The Petitioners hereby specifically plead the polling unit results as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 008 Ada People’s School.

33
49

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this petition.

UNIT 017 AMODA VILLAGE HALL

S/N
Polling Unit
LP
PDP

1.
Polling Unit 017 Amoda Village Hall

42
14

The Petitioners hereby specifically plead the polling unit results as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follow

S/N
Polling Unit
LP
PDP

1.
Polling Unit 017 Amoda Village Hall

14
42

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this petition.

POLLING UNIT 021 LEKE VILLAGE HALL.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 021 Leke Village Hall

6
5

The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 021 Leke Village Hall

5
6

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this Petition.

AMALA WARD 01
POLLING UNIT 003 UMUAGALI ULO VILLAGE SQUARE I.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 003 Umuagali Ulo Village Square I

113
38

The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follow:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 003 Umuagali Ulo Village Square I

03
113

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this petition.

OBOLLO-EKE WARD 06
POLLING UNIT 002 UGBABE UWANI II.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 002 UGBABE Uwani II

71
59

The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follow

S/N
Polling Unit
LP
PDP

1.
Polling Unit 002 UGBABE Uwani II

59
71

56. The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this petition.

POLLING UNIT 003 OGWU UWANI I

S/N
Polling Unit
LP
PDP

1.
Polling Unit 003 Ogwu Uwani I

42
34

The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follow

S/N
Polling Unit
LP
PDP

1.
Polling Unit 003 Ogwu Uwani I

34
42

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this Petition.

POLLING UNIT 007 ODOBIDO II

S/N
Polling Unit
LP
PDP

1.
Polling Unit 007 Odobido II

53
47

The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 007 Odobido II

47
53

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this Petition.

POLLING UNIT 010 NGELEOKPO

S/N
Polling Unit
LP
PDP

1.
Polling Unit 010 Ngeleokpo

81
53

The Petitioners hereby specifically plead the Polling Unit Results as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 010 Ngeleokpo

53
81

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this Petition.

POLLING UNIT 012 UBURU

S/N
Polling Unit
LP
PDP

1.
Polling Unit 012 Uburu

60
6

The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 012 Uburu

6
60

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this petition.

POLLING UNIT 014 AMUTAENYI VILLAGE HALL

S/N
Polling Unit
LP
PDP

1.
Polling Unit 014 Amutaenyi Village hall

128
57

The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follow

S/N
Polling Unit
LP
PDP

1.
Polling Unit 014 Amutaenyi Village hall

57
128

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this Petition.

POLLING UNIT 017 OKPALIGBO VILLAGE HALL

S/N
Polling Unit
LP
PDP

1.
Polling Unit 017 Okpaligbo Village hall

67
47

The Petitioners hereby specifically pleads the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 017 Okpaligbo Village hall

47
67

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this petition.

POLLING UNIT 020 AGALA VILLAGE HALL

S/N
Polling Unit
LP
PDP

1.
Polling Unit 020 Agala Village hall

63
33

The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follow:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 020 Agala Village Hall

33
63

The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this petition.

POLLING UNIT 022 ISIENU

S/N
Polling Unit
LP
PDP

1.
Polling Unit 022 Isienu

94
42

79. The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

80. The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 022 Isienu

42
94

81. The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this petition.

POLLING UNIT 023 IHEAKPU PRIMARY SCHOOL II.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 023 Iheakpu Primary School II

52
25

82. The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

83. The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
Polling Unit 023 Iheakpu Primary School II

25
52

84. The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this Petition.

POLLING UNIT 024 P. P. S. ODOBIDO.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 024 P.P.S. Odobido

16
7

85. The Petitioners hereby specifically pleads the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 024 P.P.S. Odobido

7
16

86. The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this petition.

POLLING UNIT 25 AJAMA VILLAGE HALL

S/N
Polling Unit
LP
PDP

1.
Polling Unit 025 Ajama Village Hall

35
22

87. The Petitioners hereby specifically plead the polling unit result as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

S/N
Polling Unit
LP
PDP

1.
Polling Unit 025 Ajama Village Hall

22
35

87. The Petitioners aver that this reveals a clear case of vote suppression in favour of the 2nd and 3rd Respondents. A Copy of the Form EC8B is hereby pleaded and shall be relied upon at the hearing of this Petition.

88. The Petitioners further aver that the mathematical or arithmetical errors inherent in the affected Forms EC8B used by the officials/agents of the 1st Respondent in the collation of the disputed Polling Unit results in Udenu Local Government Area set out above becomes very clear when the Polling Unit results in Forms EC8A of the affected Polling Units mentioned in the preceding paragraphs above is compared with the collated results in the affected Forms EC8B. Notice is hereby given to the 1st Respondent to Produce the Original Copies of the Form EC8A in the preceding paragraphs and the FORM EC8B pleaded above.

IGBO EZE NORTH LOCAL GOVERNMENT

89. The Petitioners aver that 5 polling units were affected in IGBO EZE NORTH Local Government wherein votes were suppressed to the adverse interest of the Petitioners and to the advantage of the 2nd and 3rd Respondents, contrary to what transpired at the polling units on the date of the election and as duly entered in the FORM EC8As in the affected polling units. The Petitioners hereby demonstrate the true reflection of the polling units affected in contradistinction of what was entered in the FORM EC8B.

TABLE E- SERIES.

S/N
Polling Units
LP
PDP

1.
Umuadogwa Hall Umuida Polling Unit with Code 007,
84
31

90. The Petitioners hereby specifically pleads the Polling Unit Results as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

91. The Petitioners further aver that in spite of the clear entries in the Polling unit under reference, the votes on Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
Umuadogwa Hall Umuida Polling Unit with Code 007,
34
31

92. The Petitioners aver that this is a clear case of suppression of the Petitioners’ votes which amounts to 50 votes. The Form EC8B for Umuozzi VII Registration Area serial number 0116 is hereby pleaded and shall be relied upon at the hearing of this Petition.

UMUOPU 1 POLLING UNIT WITH CODE NUMBER: 003.

S/N
Polling Unit
LP
PDP

1.
C.P.S Umuopu 1 Polling Unit with Code No: 003,
49
27

93. The Petitioners hereby specifically plead the polling unit results as set out in the prescribed FORM EC8A dated the 18th day of March, 2023.

94. The Petitioners further aver that in spite of the clear entries in the Polling unit result under reference, the votes recorded in Form EC8B were wrongly entered as follows:

S/N
Polling Unit
LP
PDP

1.
C.P.S Umuopu 1 Polling Unit with Code No: 003
39
18

95. The Petitioners aver that this is a clear case of suppression of the Petitioners’ votes which amounts to 10 votes. The Petitioners herein plead the prescribed FORM EC8B for Umuozzi ward and same will be relied upon at the hearing of this Petition.

96. The Petitioners aver that the erroneous reduction of 10 votes (as per Form EC8A serial No. 2115) from the votes accruable to the petitioners was further erroneously reckoned with in Form EC8C and and EC8D respectively culminating into the final declaration as per FORM EC8E.

97. The Petitioner shall contend that upon a proper computation as demonstrated above with respect to IGBO EZE NORTH LOCAL GOVERNMENT AREA, the Petitioners would have conveniently won the in the affected Polling units with an additional 60 votes.

FACTS IN SUPPORT OF GROUND THREE

THE ELECTION AND RETURN OF THE 2ND RESPONDENT IS INVALID AS A RESULT OF NON- COMPLIANCE WITH THE ELECTORAL ACT, 2022.

98. The Petitioners aver that the allegation of non-compliance under this ground is limited to over-voting in selected Polling units which vitiates the return made in favour of the 2nd and 3rd Respondents as will be demonstrate anon in the subsequent part of this Petition.

99. The Petitioners aver that the Elections in Nkanu East Local Government Area of Enugu State was not conducted in compliance with the Electoral Act, 2022 due to over-voting in the two (2) Registration Areas which vitiates the elections in the affected polling units in the said Local Government.

100. The Petitioners aver that the number of votes recorded in the Owo Registration Area and Ugbawka 1 Registration Area in the said Nkanu East Local Government exceeds the number of accredited voters in the affected polling units demonstrated below.

OWO REGISTRATION AREA

SUMMARY OF OVER VOTING IN 7 POLLING UNITS IN OWO REGISTRATION AREA, NKANU EAST LOCAL GOVERNMENT AREA OF ENUGU STATE.

TABLE F

S/No.
Polling Unit
Polling Unit Code
Registered Voters
PVC Collected
BVAS Accredited Voters
Total Valid Votes cast (form EC8A)
LP votes on Form EC8A
PDP Votes on Form EC8A
Difference between valid votes on EC8A and BVAS Accredited votes

1
Central School Owo I
14/11/14/001

914
770
256
856
0
856
600

2
Central School Owo II
14/11/14/002

803
676
200
800
0
800
600

3
Community Primary Sch. Mburu Owo
14/11/14/003
713
674
200
600
0
600
400

4
Idodo River Primary School
14/11/14/004
552
544
234
548
0
548
314

5
Central School Owo III

14/11/14/005
610
526
172
752
0
572
400

6
Onuobodo Isaiah Njommbulu Owo
14/11/14/006
1040
1010
230
930
0
930
700

7
Mbaguzo Village Square
14/11/14/007
1024
989
354
954
0
954
600

TOTAL>>>

5,656

5,189

1,646

5,260

0

5,260

3,614

101. The Petitioners aver that the total number of over-voting recorded in the polling units as demonstrated above amounts to a total number of 5,260 (Five Thousand Two Hundred and Sixty) votes which vitiates the entire polling units under reference. The Petitioners hereby plead the FORM EC8A for the affected Polling units, the BVAS Report as well as the Voters register used for the conduct of the election. Notice is hereby given to the 1st Respondent to produce the copies of this document afore-pleaded.

102. The Petitioners aver that despite an Order of this Honourable Tribunal to avail the Petitioners of the relevant Voters Register, the 1st Respondent has failed, refused and/or neglected to produce the voter register to the Petitioner in order to institute, maintain and sustain this Petition. The Petitioners hereby plead the Order of this Tribunal made on the 28th March, 2023 and served on the 1st Respondent on the 30th day of March, 2023.

UGBAWKA I REGISTRATION AREA.

103. SUMMARY OF OVER VOTING IN 3 POLLING UNITS IN UGBAWKA-I REGISTRATION AREA, NKANU EAST LOCAL GOVERNMENT AREA OF ENUGU STATE.

TABLE G

S/No.
Polling Unit
Polling Unit Code
Registered Voters
PVC Collected
BVAS Accredited Voters
Total Valid Votes cast (form EC8A)
LP votes as shown on Form EC8A
PDP Votes as shown on Form EC8A
Difference between valid votes on EC8A and BVAS Accredited votes

1
C. S Amagu
14/11/10/003

313
289
83
283
4
277
200

2
C.S.S Ugbawka
14/11/10/005
959
936
141
840
28
812
699

3
C.S Uhuome I
14/11/10/008
1105
1103
204
804
2
800
600

TOTAL
2,377
2,328
428
1,927
34
1,889
1,449

104. The Petitioners aver that the total number of over-voting recorded in the affected Polling units set out above amounts to a total of 1,923 (ONE THOUSAND NINE HUNDRED AND TWENTY-THREE) VOTES, which substantially vitiates the election in the affected polling units under reference.

105. The Petitioners’ collation agents who were at the various Ward/Registration Area Headquarters of the affected Wards of Nkanu East during the collation of the various polling unit results, were accorded by the 1st Respondent’s officials thereat free access to the polling unit result sheets to make their independent calculations, which they did, arriving at the correctly collated results for each of the Wards; but the said officials of the 1st Respondent themselves wrongly recorded collated results that did not agree with the correct figures.

106 The Petitioners further aver that the collation officer of Owo Registration Area also confirmed that there no was election in accordance with law in polling units 001-007 as set out above as it pertains to accreditation. The Petitioners hereby plead the report by the Collation officer; Professor Eze Sabinus Oscar Onyebuchi dated the 18th March, 2023. Notice is hereby given to the 1st Respondent to produce the report of the Ward Collation officer for Owo Registration Area.

INCIDENCE OF OVER VOTING IN ENUGU EAST LOCAL GOVERNMENT.

107. The Petitioners aver that in Umuchigbo Registration Area of Enugu East Local Government Area specifically in Umuchigbo Hall VI Code: 14/08/009 polling unit the number of votes recorded was above the number of accredited voters as set out in the FORM EC8A.

UMUCHIGBO HALL VI Code: 14/08/009.
TABLE H

1.
NO. OF ACCREDITED VOTERS
175

2.
NUMBER OF REJECTED BALLOTS
4

3.
NUMBER OF TOTAL VALID VOTES
175

4.
SUM TOTAL OF VOTES
179

5.
DIFFERENCE BETWEEN ACCREDITED VOTES AND VOTES CAST.
5.

108. The Petitioners contend that the foregoing facts pleaded above reveal a clear case of over-voting which vitiates the entire result in that polling unit.

INCIDENCE OF OVER VOTING IN IGBO EZE LOCAL GOVERNMENT AREA.

109. The Petitioners aver that there was over voting in Five (5) Polling units in IGBO EZE NORTH LOCAL GOVERNMENT AREA as set out below:

TABLE I

S/N
Registration Area
Polling Unit
And Polling Unit Code
Number on Voter Register
Number of Accredited Voters as per BVAS and EC8A
No. of Valid Votes

Votes scored by PDP
Votes scored by Labour Party
No. of Rejected votes
Total votes cast (valid and Rejected votes)

1
Essodo 1
Umuonoda hall 1 (14/08/01/002)
480

77
75

63
10
3
78

2
Essodo 1
Orie Mama Asanya (14/08/01/003)
549
96
96

72
19
4
100

3
Ette Central
1 Pole Ugbele (14/08/06/003)
670
74
74

51
22
5
79

4
Ette Central
Community Primary School Umundeba
(14/08/06/005)
453
73
71

40
33
7
78

5
Umuozzi VII
Ogene Hall Umuida
(14/08/17/012)
707
146
146

98
44
3
149

110. The Petitioners aver that from the table above, the total number of over-voting recorded in the affected polling units amounts to 18 votes which are sufficient to vitiate the election in the affected polling units.

PART E

CONCLUSION AND SUMMARY

111. The Petitioners contend that if the total number of suppressed votes as demonstrated in TABLE D SERIES AND TABLE E SERIES amounting to 646 votes as it pertains to UDENU LOCAL GOVERNMENT and IGBO-EZE NORTH LOCAL GOVERNMENTS are accordingly reckoned with and computed for the parties, the total number of votes for the two leading candidates will be recorded as set out below:

S/N
NAME OF CANDIDATES
GENDER
POLITICAL PARTY
TOTAL VOTES RECEIVED IN FIGURES

1
EDEOGA CHIJIOKE JONATHAN
M
Labour Party
158,198

2
MBAH PETER NDUBUISI
M
PDP
160,360

112. The Petitioners further contend if the total number of void votes of PDP amounting to 7,582 and that of Labour Party (LP) amounting to 201 as demonstrated in TABLES F, G H & I respectively above pertaining to the affected Polling units in NKANU EAST LOCAL GOVERNMENT, ENUGU EAST LOCAL GOVERNMENT and IGBO-EZE NORTH LOCAL GOVERNMENT where over-voting has been recorded are deducted the total number of votes, the correct and accurate votes for the two leading candidates will amount to the result set out below:

S/N
NAME OF CANDIDATES
GENDER
POLITICAL PARTY
TOTAL VOTES RECEIVED IN FIGURES

1
EDEOGA CHIJIOKE JONATHAN
M
Labour Party
157,997

2
MBAH PETER NDUBUISI
M
PDP
152,778

DIFFERENCE = 5, 219

113. The Petitioners maintain, therefore, that upon a proper computation of the lawful votes cast in favour of all the candidates/political parties that participated in the Enugu State Governorship election conducted on 18th March, 2023 after computing the actual results in preceding paragraphs of 113 and 114 above with respect to Suppression of votes and over-voting respectively, the correct and accurate representation of votes scored by the Candidates/Political Parties in Form EC8E ought to be as shown in the table below:

S/N
NAME OF CANDIDATES
GENDER
POLITICAL PARTY
TOTAL VOTES RECEIVED IN FIGURES

1
OGBE CHUKWUNONSO DANIEL
M
AA
330

2
OGBODO RAYMOND KENECHUKWU
M
AAC
146

3
DONATUS MADUBUIKE OZOEMENA
M
ADC
1160

4
OMEJE NNAMDI
M
ADP
382

5
NNAJI GEOFFREY UCHECHUKWU
M
APC
14575

6
NWEKE FRANK NNAEMEKA JR
M
APGA
17,983

7
IKEH KENNETH ODOH
M
APM
358

8
ANI AFAMEFUNA SAMUEL
M
APP
158

9
NNAMANI OBIOMA NNAEMEKA
M
BP
319

10
EDEOGA CHIJIOKE JONATHAN
M
LP
157,997

11
EZE CAJETAN
M
NNPP
2107

12
MAMAH CYRIL ELOCHUKWU
M
NRM
854

13
MBAH PETER NDUBUISI
M
PDP
152,778

14
AGU CHRISTOPHER EJIKE
M
PRP
850

15
NWEZE PEARL OGOCHUKWU
F
SDP
65

16
EDEH UGOCHUKWU BETHEL
M
YPP
397

17
UGWOKE ELVIS CHINAZAM
M
ZLP
332

114. The Petitioners aver that by simple majority, the Petitioners won the election under reference conducted on the 18th day of March, 2023 into the office on Governor of Enugu State with a margin of lead of 5,219 (FIVE THOUSAND TWO HUNDRED AND NINETEEN) VOTES ONLY.

115. Upon reckoning with the proper computation of the lawful votes scored by the respective Candidates/Political Parties as shown in the table above; and from the Facts and Tables already pleaded above with respect to the 25% spread, it is the Petitioners’ case that the 1st Petitioner, not the 2nd Respondent, was the rightful and correct Candidate to have been declared/returned and issued with a Certificate of Return as the winner of the Enugu State Governorship Election conducted on 18th March, 2023.

116. From all the facts pleaded under Grounds 2 and 3 above, the Petitioners contend that it was the 1st Petitioner who scored the highest number of lawful votes cast at the Enugu State Governorship election conducted on 18th March, 2023 and who also scored not less than 25% of the votes in at least two-thirds of the 17 Local Government Areas of Enugu State; hence he ought to have been declared and issued with a Certificate of Return by the 1st Respondent as the winner of the said Election, instead of the 2nd Respondent.

117. RELIEFS SOUGHT

WHEREFORE, THE PETITIONERS PRAY AGAINST RESPONDENTS JOINTLY AND SEVERALLY AS FOLLOWS:

That it be determined that the 2nd Respondent was, at the time of the election to the office of Governor of Enugu State held on 18th March, 2023, not qualified to contest the election.

That it be determined that all the votes recorded for the 2nd Respondent in the said election were/are wasted votes as a result of the non-qualification of the 2nd Respondent.

That it be determined that upon the disqualification of the 2nd Respondent, the 1st Petitioner has the majority of lawful votes cast and ought to be returned as the winner of the said election, he having also met all the requirements of the 25 % of the lawful votes cast in each of at least two-thirds of the Local Government Areas of Enugu State.

IN FURTHERANCE to the above, that it be determined that upon the deduction of the wrongful votes in the disputed polling Units demonstrated above, the 1st Petitioner has the majority of the lawful votes cast in the Enugu State Governorship Election held on 18th March, 2023 having polled a total of 157,997 votes as against the 2nd Respondent who polled a total of 152,778 votes; hence he (the 1st Petitioner) ought and should be declared the winner of the said Election.

AN ORDER invalidating the return and declaration of the 2nd Respondent as the winner of the Enugu State Governorship Election held on 18th March, 2023.

AN ORDER withdrawing the Certificate of Return issued by the 1st Respondent to the 2nd Respondent, allegedly as the winner of the Enugu State Governorship Election held on 18th March, 2023.

AN ORDER directing the 1st Respondent to issue forthwith to the 1st Petitioner the Certificate of Return as the winner of the Enugu State Governorship Election held on 18th March, 2023.

AND FOR such further Order as the Honourable Tribunal may deem fit to make in the circumstances.

Dated this 5th day of April, 2023.

Settled by:

ASIWAJU ADEGBOYEGA .S. AWOMOLO, SAN, FCIArb, FNIALS
CHIEF SEBASTINE T. HON, SAN, FCIArb.
CHIEF (MRS) V.O. AWOMOLO, SAN
DR. (MRS) V.J.O AZINGE, SAN Ph.D
ALEX EJESIEME, SAN
AUDU ANUGA, SAN
EYITAYO FATOGUN, SAN
M.J NUMA, SAN (Signed)
ADEGBOYEGA AWOMOLO & ASSOCIATES

PETITIONERS’ ADDRESS FOR SERVICE:
Godwin O. Ogbo. Esq
Godwin O. Ogbo & Co.
Suite D6 Goshen Plaza
19 Garden Avenue Enugu

OCCUPIER: Godwin O. Ogbo Esq.

FOR SERVICE ON THE RESPONDENTS:

1. On the 1st Respondent
At its Headquarters
Plot 436

The member representing the great people of Enugu North Constituency at the hallowed chamber of the Enugu state House of Assembly, Honourable Johnson Samuel Ani has emerged Majority Leader of the Labour Party dominated house.

The Labour Party lawmaker was elected during a plenary session held on Tuesday at the floor of the house.    Honourable Johnson Samuel Ani 

Also elected was Honourable Ejike Eze, representing Igbo-eze North constituency 1, as the Chief Whip of the 8th Assembly.

Honourable Ejike Eze 

Others are;

Honourable Jude Udefuna representing Ezeagu Constituency as the Deputy Majority leader and Honourable Princess Obiajulu Ugwu of Enugu South Rural Constituency as the Deputy Chief Whip.

Honourable Jude Udefuna 

Honourable Princess Obiajulu Ugwu 

Some political pundits had disagreed over the bid of the house dominated Labour Party Members not taking the Speakership position.

Daily Gazette recall how Labour Party deflated the ruling People’s Democratic Party during the 2023 general elections in Enugu state clinching 14 seats out of the 24 seats in the assembly.

The Federal High Court sitting in Abuja has refused to grant an order of Interlocutory injunction sought by the governor of Enugu state, Barr. Peter Mbah, restraining the National Youth Service Corps, NYSC, from appearing before the Election Petitions Tribunal to give evidence with respect to the alleged fake NYSC certificate he presented to the Independent National Electoral Commission, INEC.

On Tuesday, the Court presided over by Justice Inyang Ekwo resumed hearing in the suit No. FHC/ABJ/CS/611/2023 filed by the Governor against the Corps.

Advertorial

Governor Mbah, represented by his lawyer, Emeka Ozoani SAN, sought to move an application for an interlocutory injunction restraining the National Youth Service Corps from appearing before the Election Petitions Tribunal sitting in Enugu to give evidence over the certificate scandal.

In his rulling, the judge noted that the Court will not entertain any such application.

Justice Ekwo told the lawyer to forget about the injunction and concentrate on the main suit.

The court later adjourned to Tuesday, July 11, 2023 to hear the preliminary objection challenging the competence of the suit filed by the NYSC.

President of the Nigerian Senate, Godswill Akpabio has announced the principal officers of the majority party – the All Progressives Congress (APC) in the upper legislative chamber.

Umahi

On the floor of the senate on Tuesday, Akpabio announced Opeyemi Bamidele, senator representing Ekiti central, as majority leader, and David Umahi, senator representing Ebonyi south, as the deputy majority leader.

Bamidele

Ali Ndume, senator representing Borno south, was named as chief whip of the senate, and Lola Ashiru, senator representing Kwara south, as deputy chief whip.

Following his expulsion from the Peoples Democratic party, PDP, over anti-party activities, the former Enugu Governor, Chimaroke Nnamani went to court to challenge the decision of the party saying he was not given fair hearing in accordance with the PDP’s constitution.

An Abuja Federal High Court headed by Justice James Omotosho on Monday, nullified the expulsion of Senator Nnamani from the PDP.

Justice Omotosho said that going by the Article 57 of the Constitution of the PDP, it was only the National Executive Council (NEC) that can convene a disciplinary committee as against the National Working Committee (NWC), which took the decision.

The judge said that the constitution of the party stipulated that it was the NEC that was vested with the power to take disciplinary action against any erring member who is a governor, deputy governor and a serving member of the National Assembly.

The News Agency of Nigeria (NAN) reports that Nnamani, who represented Enugu East Senatorial District in the 9th Senate, lost his re-election bid to a Labour Party candidate, Kelvin Chukwu, in the Feb. 25 poll.

The PDP NWC, at its 566th meeting, had expelled the former senator on Feb. 10 for allegations bordering on anti-party activities.

He was initially suspended on Jan. 20 before he was subsequently expelled.

Nnamani was alleged to have campaigned for the presidential candidate of the All Progressives Congress (APC), Sen. Bola Tinubu, against the PDP presidential candidate, Alhaji Atiku Abubakar.

NAN reports that Tinubu was declared the winner of the Feb. 25 presidential election by the Independent National Electoral Commission (INEC) after polling the highest votes and was sworn in as Nigeria’s president on May 29.

But Nnamani, in a suit marked: FHC/ABJ/CS/163/23 filed on Feb. 6, had sued the INEC, PDP national chairman and the NWC as 1st to 3rd respondents over alleged breach of his fundamental rights to fair hearing.

In the originating summons, the plaintiff asked the court to determine whether he could be suspended without giving him the constitutional right to fair hearing.

He wanted the court to determine having regard to the provisions of Article 57 of the party, the decision of the NWC suspending him on Jan. 20 was not null and void.

He, therefore, prayed the court to declare that by virtue of the party’s constitution, the respondents did not validly conduct a disciplinary measure against him before his suspension.

Nnamani argued that besides being a serving senator, he was a two term governor of Enugu State.

He said that he was neither notified of any complaint against him nor afforded opportunity to fair hearing.

But the respondents, in a counter affidavit and a preliminary objection, sought an order dismissing the suit.

They argued that Nnamani campaigned for another political party while being a member of the PDP.

They said contrary to his argument, the party had the power to suspend him having being found to engage in anti-party activities.

They further argued that the issues bordered on the internal affairs of the party which the court lacked the jurisdiction to determine.

Justice Omotosho said that though the Supreme Court held that the issue of party membership, etc, was within the party’s jurisdiction and a no-go area to the courts, he said Section 46(2) of the 1999 Constitution vested the power on the court to hear alleged breach of person’s rights

 

He cited previous cases to back his decision.

“This court will not dabble into the internal affairs of party but will restrict itself to whether the fundamental right of the plaintiff has been breached,” he said.

He said though these rights are not absolute, they are entrenched in Chapter 4 of the 1999 Constitution of Nigeria, and that the African Charter on Peoples Rights also makes provisions for fundamental rights.

The judge agreed that a member of a political party must abide by its rules and regulation, having freely submitted himself to its rules, he however said that the court would only interfer where the party had violated its own rules and regulation.

He observed that Articles 4 and 5 of the PDP gave provisions for fair hearing to erring members.

According to him, fair hearing is giving equal opportunity to parties and where fair hearing has been done, a party cannot complain.

“But the complaint of the plaintiff is that he was not giving fair hearing,” he said, in accordance with Article 57 of the party’s constitution.

“The law is clear that specific provisions override general provisions,” he said.

He said the available fact before the court was that the NWC, at its 566th meeting, considered all the allegations against Nnamani and approved his suspension for one month.

Besides, the judge also observed that it was the NWC that expelled him on Feb. 10 in a press release.

Omotosho, who said that this was a gross violation of the party’s constitution, held that this had rendered all the actions null and avoid.

He said the court was convinced that the plaintiff had been able to establish his case against the respondents.

Justice Omotosho consequently gave an order nullifying the decision of the PDP NWC that was taken on Feb. 10, expelling the ex-lawmaker.

Presidential Election Petitions Tribunal, sitting at the Court of Appeal, Abuja has adjourned sitting following failure of the Independent National Electoral Commission, INEC to present its witness.

But at the hearing today, Counsel to INEC, informed the court that the witness it hopes to present before the court failed to show up for no reason, forcing the court to adjourn to tomorrow for INEC to present its witness.

INEC was scheduled to present three witness to validate the results through which President Bola Ahmed Tinubu emerged as President before the court.

During the sitting, Dr Datti Ahmed, Vice Presidential Candidate of Labour Party announced appearance for the Second Petitioner (LP), while Mrs May Agbamuche, Chair INEC Legal Services, announced for INEC.

AB Mahmood SAN, Counsel for INEC told the court that INEC has 3 witnesses; One was slated to appear this morning but couldn’t, due to some emergencies.

He described the development as unfortunate and applied for adjournment
Counsel for LP, BAT/Shett & APC’s agreed with INEC and the court adjourned proceedings for INEC to Tuesday, July 4, 2023 by 9 am.