Peoples Democratic Party v Otti and Others (SC.19/2016) [2016] NGSC 39 (25 February 2016)

**In the Supreme Court of Nigeria** **HOLDEN AT ABUJA** **Between** **Appellant** PEOPLES DEMOCRATIC PARTY (PDP) **and** **Respondent** 1\. ALEX OTTI 2\. ALL PROGRESSIVES GRAND ALLIANCE (APGA) 3\. OKEZIE VICTOR IKPEAZU 4\. INDEPEDENT NATIONAL ELECTORAL COMMISSION (INEC). **REASONS FOR JUDGMENT (Delivered by SULEIMAN GALADIMA. JSC)** After hearing this appeal on Wednesday 3rd February 2016, this Court allowed it and promised to advance its reasons on Monday, 26th February 2016, that is today. Here are my reasons: The facts and circumstances of this appeal and those of SC.18/2016 just disposed of today and of the other appeals No SC.22/2016 are the same. It would be needless to repeat the same set of facts which clearly emanated from the events of the Governorship Election conducted in Abia State on 11th and 25th April, 2015. It would suffice to adopt the sequence of events set out about in SC.18/2016. I may only emphasize the fact that the 3rd Respondent who was sponsored by the Appellant herein had his appeal allowed in SC. 18/2016. The Appellant herein is equally not satisfied with the decision of the Court of Appeal and therefore lodged this appeal filing its Notice of Appeal on 8th January, 2016 containing 17 Grounds of Appeal complaining essentially on reliance on Exhibit PWC2 - the Card Reader Report - to cancel the result of the election. In the Appellant's brief settled by its Senior Counsel DR. ONYECHI IKPEAZU, SAN, 4 issues are formulated for the determinations of this appeal as follows: "1. Whether the learned Justices of the Court of Appeal were wrong when they relied on Exhibit PWC2 - the Card Reader Report - to cancel the result of the election in OSISIOMA, ISIALA NGWA and OBINGWA Local Government Areas of Abia State on the basis that the result of the election in the three (3) Local Government Areas was vitiated by over-voting. Grounds IV and V, 2\. Whether the learned Justices of the Court of Appeal were wrong when they returned the 1st Respondent as the duly elected candidate after cancellation of the results in OSISGMA, ISIALA NGWA and OBINGWA Local Government Areas of Abia State. Ground I, II, III and VI. 3\. Whether the learned Justices of the Court of Appeal were wrong when in evaluating evidence led by the 1st and 2nd Respondents they held that the 1st and 2nd Respondents proved the allegations of non-compliance with the provisions of the Electoral Act, 2010 (as amended). Grounds VII, VIII, IX, X, XI, XII and XIII. 4\. Whether the learned Justices of the Court of Appeal were wrong when they restored reliefs 3 and 4 and paragraphs 21, 30(a) and 48 struck out by the Tribunal. Grounds XIV.XV.XVI and XVII." In the brief of argument of the 1st and 2nd Respondents settled by their Senior Counsel, CHIEF AKIN OLUJINMI, SAN 4 issues from the Appellants 17 grounds of Appeal are as follows: "(i) Whether having regard to the materials on record} the learned Justices of the Court of Appeal were not right in their decision concerning the election in the disputed three local governments of Osisioma Ngwa, Isiala Ngwa and Obingwa - Covers grounds IV and V (ii) Whether in the light of the pleading and the evidence before the lower court Learned Justices of the tower court were wrong in returning the 1st respondent as the duly elected candidate in the Abia State Governorship election conducted on 11th and 25th April 2016- Covers grounds I, II. III and VI. (iii) Whether the learned Justices of the lower court did not give proper consideration to the evidence on record in arriving at their conclusion that the 1st and 2nd Respondents proved the allegations of non­compliance with the provisions of the Electoral Act, 2010 as amended having regard to the materials on record, on the learned Justices of the lower court -Covers grounds VII, VIII, IX, X, XII and XIII. (iv) Whether the lower court was, on the materials before the court, wrong in restoring reliefs 3 and 4 and paragraphs 21, 30(a) and 48 erroneously struck out by the Tribunal - Covers grounds XIV, XV, XVI and XVII." In view of my very robust and elaborate reasons set out SC.18/2016 on the error of the Court below placing reliance on Exhibit PWC2 - the Card Reader Report to cancel the result of the elections in OS IS 10 MA, OBINGWA and ISIALA NGWA Local Government Areas of Abia State on the basis that the result of the election in those 3 L.G.A. was vitiated by over-voting. I adopt my decision on the said Exhibit PWC2 in SC. 18/2016 as my humble view on the same issue in this appeal. For the umpteenth time the recent decision on the point in MAHMUD ALIYU SHINKAFI & ANOR V. ABDUL-AZEEZ ABUBAKAR YARI & ORS, unreported SC.907/2016 delivered on 8th January, 2016, has settled the issue beyond resurrection. Other 3 issues namely, on allegation of non­compliance with the provision of the Electoral Act 2010 (as amended) and the issue of restoration of reliefs 3 and 4 and paragraphs 21, 30(a) and 48 struck out by the trial Tribunal have been the subject of my lengthy discourse and determination of issues 7 of the Appellant and issue (vii) raised by the 1st and 2nd Respondents in their respective briefs of argument in SC.18/2016. All the issues being raised in this appeal were painstakingly considered and resolved in favour of the Appellant in SC. 18/2016 who is now the 3rd Respondent in this appeal. I adopt my reasons in SC. 18/2016, allow this appeal and vacate the judgment of the Court of Appeal delivered on 31st December, 2015 and effectually restore the judgment of the trial Tribunal that affirmed the INEC's declaration and due return of the 3rd Respondent herein OKEZIE VICTOR IKPEAZU as the Governor of ABIA STATE. Parties to bears their costs. MAHMUD MOHAMMED CJN: I have had before now, a privilege to read in draft the Reasons For Judgment just delivered by my learned brother Galadima, JSC, for allowing this appeal on Wednesday 3rd February 2016, 1 completely agree with these reasons and I adopt them as mine, I have nothing useful to add. I. T. MUHAMMAD, JSC: When this appeal was heard on Wednesday, 3rd of February. 2016. my learned brother Galadima, JSC, delivered the lead conclusion (Judgement) wherein he allowed the appeal: set aside the decision of the court below and restored the decision of the tribunal. In my Judgement, I agreed with him- I deferred giving my reasons for al lowing the appeal ty today. I have read the reasons given by my learned brother, Galadima, JSC: for allowing the appeal. 1 am in agreement with his reasoning which I adopt as mine, I abide by consequential orders made in die lead reasoning of my learned brother, including order as to costs, I allow the appeal. OLABODE RHODES-VIVOUR. JSC: On 3 February 2016 this court heard this appeal and dismissed it Reasons for that conclusion are to be given on 26 February, 2016. The reasons for the judgment just read by my learned brother, Galadima, JSC was made available to me in draft. I agree with his lordship that the issues in this appeal were resolved in favour of the Appellant in SC.18/2016, and need not be repeated. 1 also adopt the reasons given in SC18/2016as mine, and allow this appeal. i set aside the judgment of the Court of Appeal delivered on 31 December, 2015 restore the judgment of the Election Tribunal that affirmed INEC's declaration and return of Okezie Victor Ikpeazu as the duly elected Governor of Abia State. Parties shall bear their costs. KUMAI BAYANG AKAAHS JSC: This appeal has the same substratum as appeal No. SC. 18/2016. In this appeal, the appellant sponsored the 3rd respondent to contest for the Governorship seat of Abia State in the election held on April, 11 and 25, 2015. Since the appeal in SC. 18/2016 was allowed, this appeal must equally succeed. I therefore associate myself with the reasons advanced by my learned brother, Galadima JSC in allowing the appeal on 3rd February, 2016. No order on costs is made. KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN. JSC: We heard this appeal on Wednesday, 3ro February 2016. On that day. I agreed with my learned brother, Galadima, JSC that this appeal is meritorious and I accordingly allowed it. I promised to give my reasons for so doing today. This appeal arose from the judgment of the Court of Appeal, Owerri Division, delivered on 31st December, 2015, setting aside the judgment of the Abia State Governorship Election Tribunal, which dismissed the petition of the 1st and 2nd respondents against the return of the 3rd respondent as the duly elected Governor of the State. Three separate appeals were filed against the judgment, to wit: i) SC. 18/2016: Okezie Victor Ikpeazu Vs Alex Otti & Ors ii) SC19/2016: P.D.P Vs Alex Otti & Ors iii) SC. 22/2016: IN EC Vs Alex Otti & Ors Comprehensive reasons for allowing the sister appeal in SC. 18/2016: Okezie Victor Ikpeazu Vs Alex Otti & Ors have just been given by my learned brother, Galadima, JSC. As this appeal is between the same parties and on substantially the same facts, I agree entirely with the reasons advanced by His Lordship for allowing it, I adopt the reasons as mine. I abide by the consequential orders made, inclusive of costs. CHIMA CENTUS NWEZE, JSC: On February 3, 2016, upon the hearing of this appeal, I agreed with my Lord, Galadima, JSC, that it was meritorious and ought to be allowed. I promised to give my reasons today. Having read the reasons for the judgement, which my Lord, Galadima, JSC, eloquently, marshalled this morning for allowing the appeal in SC. 18/2016- reasons which I had the privilege of reading before now -1 am in entire agreement with His Lordship that it would serve no useful purpose repeating the same reasons in respect of the instant appeal when the issues in both appeals are, thematically, affiliated. In place of the judgment of the lower court, I restore the judgement of the trial Tribunal which affirmed the election and return of Okezie Victor Ikpeazu as the Governor of Abia State. **Counsel** 1\. DR. ONYECHIIKPEAZU OON, SAN with the followings; 2\. ELDER PAUL ANANABA, SAN 3\. RAYMOND ANYAWATA, ESQ 4\. UCHE IHEDIWA, ESQ 5\. C. A. N. NWOKEUKWU 6\. HENRY BALOGU, ESQ 5\. TAN NWAMARA 6\. PROF. IKECHI MGBEOJI, ESQ 7\. L. T. CERUBA, ESQ 8\. CHARLES EZEONU, ESQ 9\. E.A. IBRAHIM EFFIONG, ESQ 10\. ALEX EJESIEME, ESQ 1 LONYINYE ANUMONYE, ESQ 12\. EMEKA NRI-EZEDI, ESQ 13\. GABE IGBOKO, ESQ 14\. ANAYO NWAKODO, ESQ 15, S. N. NBAEZUE 16\. ANN UCHENDU 17\. UDO UDUMA, ESQ 18\. JUDE NWOKOLO, ESQ 19\. UCHE IHEMANMA, ESQ 20\. P. C UZOAGA, ESQ 2LEVULUKWU (MRS) 22.U. AJAGA, ESQ 23.0GEHI OGBONNA, ESQ 24, TOBECHUKWU NWEKE, ESQ 25\. NWACHUKWU IBEGBU, ESQ 26.OBINNA ONYA, ESQ 27.DR. ABC AGBAZUERE, ESQ 28\. ST.MOSES OGBONNA, ESQ 29.IFEYINWA U. MANDE 30.O. A. NKORO, ESQ 31O. O, NKUME, ESQ 32.OKEY BARRAH, ESQ 33.CHUKA IKPEAZU, ESQ 34\. JULIUS MBA, ESQ 35\. NWAMAKA OFOEGBU (MISS) 36\. FREED ONUOIA 37JJEOMA UTCHAY (MRS) 38.EMMANUEL RUKARI, ESQ, for the Appellant 1\. CHIEF AKIN OLUJINMI, CON, SAN with the folio wings: 2\. OLUWAROTIMI O. AKEREDOLU, ESQ, SAN 3\. AWA U. KALU, SAN, 4\. CHIEF CHRIS UCHE, SAN 5\. OWONKOLO ABIODUN, SAN 7\. GORDY UCHE, SAN 8\. MAVEL DURU 9\. IKORO N. IKORO, ESQ 10.IFEANYI EGWUASI, ESQ 11 .MICHEAL LAN A 12.AKINSOLA OLUJINMI, ESQ 13.OLOYEDE OYEDIRAN, ESQ 14\. KANAYO OKAFOR, ESQ 15\. EMMANUEL OKORIE, ESQ 16\. UZOMA NWOSU-IHEME, ESQ 17.OLUWOLE ILORI, ESQ 18.ISAAC NWACHUKWU, ESQ 19\. MRS. ANTON!A OMOYEMI BALOGUN 20\. E.C. ANI, ESQ 21\. C.L. OBIDIKE, ESQ 22\. B.A.P. FOLORUNSO, ESQ 23 C.N.KALU (MISS) 24\. D.E. IDANG, ESQ 25, RICARDO EBIKADE, ESQ 26.IFEOLUWA AJAN (MISS) 27.0LAKUNLE LAWAL, ESQ 28.BLESSING AKINSEHINWA, ESQ 29.IFEDOLAPO YEJIDE ESAN 30\. JAMES EBBI, ESQ 31\. FRANCIS N SI EG BUN AM, ESQ 32\. CHINWENDU NDUKA-EDEDE (MISS) 33\. NA-EEMA GOJE (MISS) 34\. N. H. NWANKWO 35\. G. N. OGBONNA 36\. KEN AHIA 37\. NDUBISI IMOKE 38.OLUMIDE OLUNDUNMI, for the 1st and 2nd Respondents 1\. CHIEF WOLE OLANIPEKUN, OFR, SAN with the follow tugs: 2\. CHIEF KANU AGABI, SAN 3\. CHIEF ADENIYI AKINTOLA, SAN 4\. D.D. DODO, OFR, SAN 5\. MR. TAYO OYETIBO, SAN 6\. S.T. HON, SAN 7\. A.A. UMAR, SAN 8\. A, T. KEHINDE, SAN 9\. MR. EMEKA ETIABA, SAN 10\. CHIEF THEO NKIRE 11\. NASIR A. DANGIR1 12\. BENCHUKS NWOSU 13\. ELELE CASMIR 14\. AUDU ANUGU 15\. AN AG A KALU 16\. UCHE I HE MM AN MA 17\. U. T. NWACHUKWU 18\. M.E. NWAOHAMUO 19\. DR. SAM ERUGO 20\. T. GBASHIMA 21.0LABODE OLANIPEKUN 22\. FESTUS JUMBO 23\. A. A. DODO 24\. PATRICK OKOH 25\. PAUL MGBEOMA 26\. C. O. C. EMEKAOIZIMA 27\. BUKOLA ARAROMI (MIRS) 28\. AISHA ALIYU (MRS) 29\. LUTER I. ATAGHER 30,SAMSON A. EIGEGE 31\. GINIKA EZEOKE 32\. PETER ERIVWODE 33\. BOLARINWA AWUJOOLA 34.YUNUSA UMARU 35\. EDIDIONG USUNGURUA 36\. TEMITOPE OLANIPEKUN 37\. MESUABARI MENE-JOS1AH 38\. ALEX NWOSU 39\. CHI ADIELE 40\. ADEBAYO MAJEKOLAGBE 41\. TOLU ADETOMIWA 42\. DOMINIC O. CHIMBUO 43\. ADEKUNLE KOSOKO 44\. UKPAI UKAIRO 45\. CHRISTIAN OKOH 46\. MATHEW OPUKUMO 47\. NANCY N. OKOLI 48\. MADU GADZAMA 49\. CALISTUS ANEKE 50\. LUBABA YUSUF 5LJUMMAI PAM 52.CHUKWUDIFU MBAMALI, for the 3rd Respondents 1\. ASIWAJU ADEGBOYEGA AWOMOLO, SAN 2\. DR. LIVY UZOUKWU, SAN 3\. PROF. CHARLES ILEGBUNE, SAN 4\. DR. AKINPELU OIGBINDE, SAN 5\. VALENTINE OFFIA, ESQ 6\. EBUKA NWAEZE, ESQ 7.OLAJIDE OLALEYE-KUMUYI, ESQ 8\. JUDE DANIEL ODI, ESQ for the 4th Respondents.