TONY DIMEGWU V. INDEPENDENCE OGUNEWE & ORS
(2010)LCN/4222(CA)
In The Court of Appeal of Nigeria
On Thursday, the 15th day of July, 2010
CA/OW/EPT/100/2009
Before Their Lordships
ABUBAKAR JEGA ABDUL-KADIRJustice of The Court of Appeal of Nigeria
HELEN MORONKEJI OGUNWUMIJUJustice of The Court of Appeal of Nigeria
MOJEED ADEKUNLE OWOADEJustice of The Court of Appeal of Nigeria
Between
TONY DIMEGWU – Appellant(s)
AND
1. INDEPENDENCE OGUNEWE
2. INDEPENDENT NATIONAL ELECTORAL COMMISSIONER
3. THE RESIDENT ELECTORAL COMMISSIONER, IMO STATE
4. THE RETURNING OFFICER, AHIAZU/EZINITTE MBAISE, FEDERAL CONSTITUENCY
5. THE ELECTORAL OFFICER, AHIAZU-MBAISE L.G.A.
6. THE ELECTORAL OFFICER, EZINIHITTE MBAISE
7. THE COLLATION OFFICER, AHIAZU MBAISE L.G.A.
8. THE COLLATION OFFICER, EZINIHITTE MBAISE L.G.A – Respondent(s)
Summary
This is an appeal against the judgment of the National assembly Election Tribunal sitting at Owerri. The said judgment was delivered on 23/7/09 wherein the trial Tribunal found for the respondents and dismissed the appellant’s petition on the ground that same was statute barred. The facts reading to this appeal are that the appellant and the 1st respondent were candidates at the election herd on 21/4/07 to erect the member/legislator to represent Ahiazu/Ezinihitte Mbaise Federal Constituency in the House of Representatives of the National Assembly, The said Federal Constituency was made up of two Local Government Areas. The two areas were Ahiazu Mbaise Local Government Area and Ezinihitte Mbaise Local Government Area. The constituency was made of 24 electoral wards which comprised all together a total of 269 polling stations. At the trial of the petition PW5 under cross-examination stated that the result was collated on 21/4/07 and declared on 22/4/07 at about 2.00 am. This piece of evidence was contrary to the appellant’s pleading at paragraph 6 of the petition which is at page 2 of the bundle of papers. In the instant appeal it is beyond dispute that the record of appeal presented for the determination of this appeal was not compiled in accordance with the provisions of Practice Direction No. 2 of 2007, accordingly there is no competent record of appeal to use in the determination of the appeal. The preliminary objection by the 1st respondent therefore succeeds and it is hereby sustained. The proper order to make is to strike out the appeal; accordingly this appeal is struck out. A cost of N30, 000.00 is awarded to the 1st respondent against the appellant.
