ALL PROGRESSIVE CONGRESS v. SENATOR NURUDEEN ADEMOLA ADELEKE & ORS
(2019)LCN/13225(CA)
In The Court of Appeal of Nigeria
On Thursday, the 9th day of May, 2019
CA/A/EPT/256/2019
ELECTION PETITION: WHEN A TRIBUNAL HAS ARRIVED AT THE RIGHT JUDGMENT, THEN LACK OF DETAILED REASONING DOES NOT MATTER
The Tribunal arrived at the right decision and its lack of a detailed reasoning, cannot be a sufficient ground to set aside the decision afterall, an appellate Court is concerned with the correctness of the decision, not reasons for them – in MOHAMMED OJENGBEDE V ESAN & ANOR (2001) LPELR 2372 (SC), it was held that
.what an appellate Court ought to decide is whether the decision of the Court below was right and not whether its reasons for arriving at the decision were Per Iguh ]SC at page 31, who followed DICKSON ARISA V THE STATE (1988) LPELR – 553 (SC) where Agbaje JSC at pages 18 – 19 held that-
“It is trite to say that an appellate Court is concerned primarily with the point whether a decision appealed against is right or wrong and not necessarily with whether the reasons for the decision are right or wrong. If the decision is right, it will be upheld notwithstanding the fact that a wrong reason was given for the decision.”PER ABUBAKAR DATTI YAHAYA, J.C.A.
APPEAL: IT IS NOT EVERY ERROR IN A JUDGMENT THAT WILL LEAD TO A SUCCESSFUL APPEAL
At any rate even if there was error in not considering in detail, the objection of the appellant at the Tribunal, it is not every error or mistake in the judgment of the trial Court that will result in the appeal being allowed. See ATUNGWU & ANOR V OCHEKWU (2013) 14 NWLR (pt 1375) 605. It must have occasioned a miscarriage of Justice NWAEZE V STATE (1996) 2 NWLR (pt 428) 1, and in this instance, the appellant, whose duty it is to show the substantial error occasioning the miscarriage, has not on the facts, discharged that responsibility.PER ABUBAKAR DATTI YAHAYA, J.C.A.
JUSTICES
JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria
ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Between
ALL PROGRESSIVE CONGRESS (APC) Appellant(s)
AND
1. SENATOR NURUDEEN ADEMOLA ADELEKE
2. PEOPLES DEMOCRATIC PARTY (PDP)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
4. ADEGBOYEGA ISIAKA OYETOLA Respondent(s)
ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): The 3rd respondent herein, the Independent National Electoral Commission (INEC) conducted the Osun State Governorship Election on the 22nd September, 2018. The 3rd respondent declared that election inconclusive and therefore re-scheduled a rerun on the 27th of September 2018. The 3rd respondent collated the votes cast at the two elections. The 4th respondent was the candidate of the appellant and 1st respondent was the candidate of the 2nd respondent. The 3rd respondent declared the 4th respondent as the winner of the Osun State Governorship Election. Aggrieved by that decision, the 1st and 2nd respondents filed a Petition before the Osun State Governorship Election Tribunal (the Tribunal) on the 16th of October 2018.
The Grounds upon which the petition was based can be found at page 9 Vol 1 of the record, thus-
“GROUNDS OF THE PETITION
15. your Petitioners aver that the grounds for this Petition are as follows:
i. That the 2nd Respondent was not duly elected by the majority of the lawful votes cast at the Governorship election in Osun
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State held on September 22nd 2018 and Rerun election held on September 27, 2018.
ii. that the declaration and return of the 2nd Respondent as the elected Governor of Osun State is invalid by reason of substantial non-compliance with the provisions of the Electoral Act 2010 (as amended), during the Governorship Rerun election in Osun State of September 27, 2018.
iii. that the declaration and the return of the 2nd respondent as Governor elect of Osun State is invalid by reason of corrupt practice; during the Governorship Rerun election in Osun State of September 27, 2018.
The 1st and 2nd respondents as Petitioners sought the following reliefs as prayers against the then respondents-
“i. That it may be determined and thus declared that the 2nd Respondent Adegboyega Isiaka Oyetola was not duly elected and/or returned by a majority of lawful votes cast in the Osun State Governorship election held on Saturday, 22nd September and the Rerun election of Thursday, 27th September, 2018 and therefore his declaration and return as the governor elect of Osun State is null, void and of no effect whatsoever;<br< p=””
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ii. That it may be determined and thus declared that the 1st petitioner having fulfilled the requirement of Section 179 (2) (a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, in respect of the Osun State Governorship Election held on the 22nd September, 2018, is the winner by 353 votes margin in the said Election having scored a total votes of 254, 698 while 2nd Respondent scored 254, 345 votes.
iii. that it may be determined and thus declared that the 1st Petitioner having satisfied the provisions of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and the Electoral Act, 2010, as amended, in respect of the election on 22nd September, 2018, the act on the 1st Respondent in ordering a Rerun election on 27th September is invalid, void and of no effect howsoever.
iv. That it may be determined and thus declared that the rerun Election held on 27th of September, 2018 is invalid by reason of corrupt practices, substantial non-compliance and offences against the provisions of the Electoral Act 2010 (as amended).
v. that it may be determined and thus be
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declared that the rerun election of 27th September, 2018 and the return of the 1st Respondent are voided by acts which clearly violate and are in breach of the provisions of the Electoral Act, 2010 (as amended), including but not limited to rigging and manipulation of election results, unprecedented acts of violence, unlawful allocation of votes, thuggery and coercion of voters committed at the towns, villages, and other communities, wards and polling units aforementioned in Osun State as well as unlawful interference in the electoral process by the respondents.
vi. That it may be determined and thus declared that the result of the Rerun Governorship election of Osun State held on Thursday 27th September, 2018 as declared and announced by the 3rd respondent be nullified and to be of no effect whatsoever.
vii. An order of this Honourable Tribunal nullifying the Certificate of Return issued to the 2nd Respondent by the 1st Respondent.
viii. A declaration that paragraph 44 (n) of the 1st respondent’s Approved Guidelines and regulations for the Conduct of the Osun State Governorship Election 2018 is void because it (a) is in conflict with the
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Electoral Act, 2010, as amended and the Constitution of the Federal Republic of Nigeria 1999 (as amended) and/or (b) has the effect of expanding or amending the Electoral Act, 2010 as amended and the Constitution of the Federal Republic of Nigeria 1999 (as amended) and/or (c) confer additional powers on the 1st Respondent which were neither conferred nor envisaged in the Electoral Act, 2010, as amended and the Constitution of the Federal Republic of Nigeria 1999 (as amended)
ix. An order striking down and nullifying paragraph 44 (n) of the 1st respondent’s Approved Guidelines and Regulations for the Conduct of the Osun State Governorship Election 2018 because it (a) is in conflict with the cumulative provisions of Section 69 and 70 of the Electoral Act, 2010, as amended, and Section 179 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and/or (b) has the effect of expanding or amending the cumulative provisions of Section 69 and 70 of the Electoral Act, 2010 as amended, and the Constitution of the Federal Republic of Nigeria 1999 (as amended) and/or (c) confers additional powers on the 1st respondent which were neither conferred nor
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envisaged by the cumulative provision of Sections 69 and 70 of the Electoral Act, 2010, as amended, and Section 179 of Constitution of the Federal Republic of Nigeria 1999 (as amended).
x. A declaration that the respondents manipulated, altered, amended the card reader accreditation data/accreditation on Forms EC8A at Osogbo, Olorunda, Ola Oluwa, Boripe, Ilesha East, Atakumosa East, Ife Central, Ife North, Ife South, Iwo, Egbedore, Egbedore, Ayedire, Ayedaade, and Ejigbo Local Government Area of Osun State.
xi. A declaration that by virtue of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act 2010 (as amended), the 1st respondent’s press release and pronouncement (through the Returning Officer) on the 23rd of September, 2018 that the election conducted for the office of the Governor of Osun State on the 22nd of September, 2018 was inconclusive was null, void, ultra vires, unlawful and of no effect whatsoever, howsoever.
xii. A declaration that the 1st Respondent’s decision to order for and conduct rerun election for the office of the governor of Osun State conducted in the following seven polling Units-
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polling unit 012, Adereti Ward 7 and polling unit 010 in Osi Ward 8 of Ife South local government; polling unit 2 in Oyere 11 Alapata village Ward 10 in Ife North Local Government; polling unit 017 in ward 5 in Oshogbo Local Government; polling unit 1 and 4 in Ward 8, polling unit 3 in Ward 9 in Orolu Local Government on the 27th of September, 2018 was null, void, ultra vires, unlawful and of no effect whatsoever, howsoever.
xiii. An Order nullifying the result of the rerun election into the office of the governor of Osun State conducted on the rerun election of 27th September, 2018 for being null, void, unlawful, ultra vires and of no effect whatsoever, howsoever.
xiv. An Order nullifying and or cancelling all votes in all polling units where the petitioners have established over-voting and non- accreditation during the Osun State Governorship Election of 22nd day of September, 2018
xv. A declaration that neither the 2nd Respondent nor 3rd respondent scored the majority of lawful votes cast at the election to the office of the Governor of Osun State held on 22nd of September, 2018, upon cancellation by this Tribunal of the
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unlawful votes allotted to the 2nd and 3rd Respondents in all polling Units where there were over voting and non- accreditation.
xvi. A declaration that your petitioners scored the majority of lawful vote cast at the election to the seat of the governor of Osun State held on the 22nd of September, 2018 and the 1st Petitioner Senator Ademola Nurudeen Adeleke is therefore entitled to be returned as the duly elected governor of Osun State.
xvii. An order returning your Petitioner as the winner of the election to the office of the Governor of Osun State held on the 22nd of September, 2018 and the 1st petitioner Senator Ademola Nurudeen Adeleke as the duly elected Governor of Osun State.
IN THE ALTERNATIVE;
xviii. An Order declaring your 1st Petitioner as the winner of the election to the office of Governor of Osun State held on the 22nd of September, 2018 and the Rerun election of 27th of September, 2018 and that the 1st petitioner Senator Ademola Nurudeen Adeleke is duly elected Governor of Osun State based on the Scores of the valid votes of the parties after deduction of the votes affected by total votes exceeding
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accreditation and votes affected by non-recording of accreditation as follows:
APC PDP
Scores of Parties as declared on form EC8D 255,505 255,023
Less: Vote Affected by total votes
Exceeding Accreditation 8,694 5,119
Less: Votes affected by non recording
of accreditation 5,476 3,270
SCORES OF PARTIES AFTER DEDUCTION= 241,335 246,634
THE DIFFERENCE SHOWING THE MARGIN OF WINNING IS 5,299 IN FAVOUR OF PDP.
xix. An Order directing the 1st Respondent to issue your 1st Petitioner Senator Ademola Nurudeen Adeleke with the Certificate of Return forthwith.
xx. Cost of petition.”
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(pages 74 – 78 of vol 1 of the record). After parties had filed and exchanged processes, the petition was tried. The Preliminary Objections filed were determined in the Judgment of the Tribunal delivered on the 22nd March 2019- pages 3706 – 3928 of Vol V. of the record. The Chairman of the Tribunal delivered a minority judgment ? pages 3929 -3986 of volume V of the record.
The 3rd respondent at the tribunal was dissatisfied with the judgment and has therefore appealed to this Court as the appellant, on the Notice of Appeal at pages 3969 – 3986 of Volume V of the record, containing 25 grounds.
The appellant’s brief was settled by learned Senior Counsel A. Olujinmi SAN and was filed on the 5th of April 2019. The 1st and 2nd respondents’ brief was settled by Mr Wole Jimi-Bada and was filed on the 9th of April 2019. The appellant’s reply brief was filed on the 11th of April, 2019. The appellant formulated 15 issues, instead of 16 Issues they said at page 4 of the brief.
