PEOPLES DEMOCRATIC PARTY v. UMANA OKON UMANA & ORS
In The Supreme Court of Nigeria
On Monday, the 15th day of February, 2016
SC.7/2016 (REASONS)
RATIO
DUTY OF THE COURT OF APPEAL TO CONFINE ITS DECISION TO THE RECORD OF APPEAL
My Lords, permit me to make one final observation before concluding this judgment. At page 5109, Vol 6, the lower Court, in an unwarranted, indeed, unprecedented, act of grandstanding, pontificated in these words, which find no anchorage on the proved or established facts: “…May this country never again experience the violence and thuggery found to have taken place in Akwa Ibom State during the Governorship elections held on 11th April, 2015…The descent into almost anarchy as occurred in this case must never again be allowed to take place. The supervising body, INEC, is charged at all times to remain on the side of truth and never be complicit in any subversion of due process.” [Italics supplied] Unarguably, the lower Court must have derived its source of information from outside the volumes of records in this appeal for the Police, in their exhibit 337, had listed as their achievement in the said election: “peaceful conduct of the election in the State [that is, Akwa Ibom State’;” “safety of election staff and materials;” “adherence to election standard operation practice for Police Officers;” “vigilance, dedication and resilience of Officers and men throughout the election;” “synergy among security agencies and formation of joint operations centres for interaction of various securities agencies” etc etc. With profound respect, therefore, the lower Court’s indefensible and unjustifiable castigation of INEC was most uncharitable, to say the least. I shall say no more on this! PER CHIMA CENTUS NWEZE, J.S.C.
JUSTICES
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
Between
PEOPLES DEMOCRATIC PARTY Appellant(s)
AND
- UMANA OKON UMANA
2. ALL PROGRESSIVES CONGRESS
3. UDOM GABRIEL EMMANUEL
4. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
5. RESIDENT ELECTORAL COMMISSIONER, AKWA IBOM STATE
6. NIGERIA POLICE FORCE Respondent(s)
CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The three issues which, in my view, are determinative of this appeal were framed thus:
1. Whether the Court of Appeal was right in law in holding that the maker of exhibit 317 ought not to have been called to testify in order for the exhibit to enjoy due weight by reason of which the Court relied on the exhibit in nullifying the results declared by the fourth respondent [INEC] for thirteen [LGAs] of Akwa Ibom State
2. Whether the Court of Appeal was right in law when it held that there was over-voting In the Governorship election conducted in Akwa Ibom State on 11th April, 2015 because exhibit 317 contained a figure of 437, 728 as the number of accredited voters whilst the total votes cast on the day of the election was 1, 122, 836
3…..
4. Whether the Court of Appeal was not wrong in law in nullifying the results declared by the fourth respondent for thirteen [LGAS] of Akwa Ibom State in the Governorship election held on 11th April and ordering that fresh election be held throughout the State
5….
Having resolved issues akin to them in earlier appeals, namely, SC.1/2016; SC.3/2016; SC.2/2016; SC.4/2016
and SC.6/2016, I adopt my reasons for the said Judgements as my reasons in respect of this appeal. I therefore, allow this appeal.
My Lords, permit me to make one final observation before concluding this judgment. At page 5109, Vol 6, the lower Court, in an unwarranted, indeed, unprecedented, act of grandstanding, pontificated in these words, which find no anchorage on the proved or established facts:
“…May this country never again experience the violence and thuggery found to have taken place in Akwa Ibom State during the Governorship elections held on 11th April, 2015…The descent into almost anarchy as occurred in this case must never again be allowed to take place. The supervising body, INEC, is charged at all times to remain on the side of truth and never be complicit in any subversion of due process.” [Italics supplied]
Unarguably, the lower Court must have derived its source of information from outside the volumes of records in this appeal for the Police, in their exhibit 337, had listed as their achievement in the said election: “peaceful conduct of the election in the State [that is, Akwa Ibom State’;” “safety of election staff and materials;”
“adherence to election standard operation practice for Police Officers;” “vigilance, dedication and resilience of Officers and men throughout the election;” “synergy among security agencies and formation of joint operations centres for interaction of various securities agencies” etc etc.
With profound respect, therefore, the lower Court’s indefensible and unjustifiable castigation of INEC was most uncharitable, to say the least. I shall say no more on this!
All said and done, for the avoidance of any doubt, I hereby set aside the orders of the lower Court in respect of the election of Udom Gabriel Emmanuel. I find that these orders must be, and are hereby, vacated. In their place, since the Petitioners at the trial Tribunal [first and second respondents in this appeal] failed to prove their Petition, as enjoined by law, I affirm INEC’S declaration of Udom Gabriel Emmanuel as the duly elected Governor of Akwa Ibom State, Appeal allowed. Parties are to bear their costs.
MAHMUD MOHAMMED, J.S.C.: This appeal was heard on Wednesday 3rd February, 2016. My learned brother Nweze, JSC, delivered his lead Judgment allowing the appeal and set aside the judgment of
the Court of Appeal delivered on 18th December, 2015, nullifying the Governorship election results in the remaining 13 Local Government Areas of Akwa Ibom State which were not nullified by the trial Election Tribunal in its Judgment of 21st October, 2015. This is second appeal by the Appellant in addition to the 1st appeal No. SC.6/2016 in which the appeal was against the nullification of the election in 18 of the 31 Local Government Areas in Akwa Ibom State. In the present appeal the Court of Appeal nullified the result of the election declared by the 4th Respondent (INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) in all the 31 Local Government Areas of Akwa Ibomn State.
On 3rd February, 2016, I also delivered my own Judgment agreeing with the lead judgment of my learned brother Nweze, JSC., allowing this appeal and I undertook to give my own reasons for allowing the appeal today Monday 15th February 2016. I now proceed to do so. My learned brother Nweze, JSC, had availed me in draft, a copy of the Reasons For Judgment prepared by him for allowing this appeal. As I have nothing new to add to the Reasons ably put up by him, I hereby adopt these reasons as
mine. I also abide by all the consequential orders made including the order on costs.
IBRAHIM TANKO MUHAMMAD, J.S.C.: On Wednesday, 3rd of February, 2016, I agreed with my learned brother, Nweze, JSC, who delivered the lead Judgment, allowing the appeal and reasons for doing so adjourned to today.My learned brother, Nweze, JSC, afforded me the opportunity to read beforetoday, the reasons he marshalled for allowing the appeal. I am in agreement with him in his reasoning which I adopt as mine. I have nothing more. I have nothing more to add. I allow the appeal and abide by consequential orders made in the lead reasoning including order on costs.
SULEIMAN GALADIMA, J.S.C.: On Wednesday the 3rd day of February, 2016, I entirely agreed with my learned brother NWEZE JSC, who in his lead judgment allowed this appeal. The reasons for my allowing this appeal was adjourned to today 15th day of February, 2016.
I have had the opportunity of reading in advance the reasons and conclusions admirably set out in the lead judgment for allowing this appeal I adopt them as mine.Consequently I too, allow this appeal. I abide by consequential orders made in the lead judgment
including costs.
OLABODE RHODES-VIVOUR, J.S.C.: I agree with my learned brother Nweze, JSC reasons given for this judgment. I hereby adopt them as mine.
KUMAI BAYANG AKA’AHS, J.S.C.: I allowed this appeal on 3rd February, 2016. The reasons I gave in SC.6/2016 for allowing the appeal equally apply to this appeal and I adopt them in this appeal. I make no order on costs.
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.: When we heard this appeal on Wednesday 3rd February 2016, I agreed with the lead judgment of my learned brother, Nweze, JSC that the appeal has merit and I accordingly allowed it. I promised to give my reasons for so doing today, 15th February 2016.
This appeal arose out of the Governorship election held in Akwa Ibom State on 11th April, 2015 wherein the 3rd respondent was returned as the duly elected Governor of the State, It is against the decision of the Court of Appeal delivered on 18th December 2015 setting aside the judgment of the Akwa Ibom State Governorship Election Tribunal delivered on 21st October, 2015, which nullified the election in eighteen Local Government Areas of the State. In its place, the Court of Appeal nullified the
election in the entire state and ordered fresh elections. The decision of the trial Tribunal gave rise to several appeals/ namely, SC.1/2016, SC.2/2016, SC.3/2016, SC.4/2016, SC.6/2016 and the instant appeal, SC.7/2016 between the same parties and on substantially similar grounds.
I have had the benefit of reading before now the reasons just proffered by my learned brother, Nweze, JSC for allowing the appeal. I agree entirely and adopt the reasons and conclusions as mine. I abide by all the consequential orders made, inclusive of costs.
Appearances
Tayo Oyetibo (SAN) with him, Adekunle Oyesanya (SAN), Dominic Okon, Edet Bassey, Emmanuel Akpan, Nsikak Udoh, Paul Mgbeoma, M. Mene-Josiah, Faruk Khamagam, Onyinye G. Nwagbarra and Jennifer Adole For Appellant
AND
Chief Wole Olanipekun, OFR (SAN) with him, Solomon Umoh (SAN), Dayo Akinlaja (SAN), Chief Victor Iyanam, Femi Morohundia, Bola Aidi, Austin Otah, Soji Olowolafe, Edet Ating, Benjamin Alabi, Effiong Abia, Ubong Offiong, Olabode Olanipekun, Effiong Oquong, Olubukola Araromi [Mrs.], Aisha Aliyu [Mrs.], Bolarinwa Awujoola, C.M. Dioji, F.S. Abiodun, Temitope Olanipekun [Miss], Adebayo Majekolagbe, Tolu Adetomiwa, S.O. Enejah, Ademola Oyelayo, Madu Gadzama and Chukwudifu Mbamali for 1st and 2nd Respondents
D. D. Dodo, (SAN), with him, Chris Uche (SAN), Paul Usoro (SAN), Chief O.E.B. Offiong (SAN) Gordy Uche (SAN), Dr. G.O.A. Ogunyomi, Nelson Uzuegbu, Reginald Nwobbi, Nasir A. Dangiri, Isaac Anumudu, Audu Anuga, Dan Abia, James Odiba, Ofombuk Akpabio [Mrs.], Terhemba Gbashima, Utibe Nwoko, Adetola Ibironke [Miss], Obafolahan Ojibara, Mfon Udeme, A.F. Jumbo, Stella Ibrimoni [Miss], Patrick Okoh, Ime Edem-Nsei, Samson A. Eigege, Luter I. Atagher, Ginika Ezeoke, Ikechukwu Duru, Yunusa Umaru, Prince Nwafuru, Olatunji Muritala, Emem Umoh [Miss], Ifeanyi Ndumnego, Kanayo Okafor, Emmanuel Okorie, Uzoma Nwosu-Iheme, Isaac Nwachukwu, E.J. Imuekemeh [Miss], Olakunle Lawal, Blessing Akinsehinwa, Francis Genesis, Modetus Atozie, Ufedo Tom-Yakubu [Miss], James Ebbi, Francis Nsiegbunam, Ijeoma Nwosu [Miss], Jummai Pam, Chinwendu Nduka-Edede [Miss] and Na-Eema Goje [Miss] for 3rd Respondent
Dr. Onyechi Ikpeazu, OON (SAN) with him, Elder Paul Ananaba (SAN), Raymond Anyawata, E.A. Ibrahim Effiong, Ijeoma Utchay [Mrs.], Alex Ejesieme, Onyinye Anumonye, Emeka Nri-Ezedi, Emeka Eze, Ogechi Ogbonna, Nwachukwu Ibegbu, Obinna Onya, Chuka Ikpeazo, Julius Mba and Emmanuel Rukari ) for 4th and 5th Respondents
6th Respondent absent and unrepresented but served For Respondent
