A three-member tribunal, led by Justice Adekanye Lekan Ogunmoye, has opted to withhold its judgment regarding the petition filed by the Governorship candidate of the All Progressives Grand Alliance (APGA), Professor Benard Ifeanyi Odoh. This petition challenges the outcome of the March 18, 2023, Governorship election in Ebonyi State, specifically targeting the election of Governor Francis Nwifuru.
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The tribunal’s ruling was delivered on Friday, August 18, at the National Judicial Institute (NJI) in Abuja. It was communicated that the date for the judgment would be conveyed to the legal representatives of all parties embroiled in the legal matter.
In July, Odoh, represented by senior counsel Jibrin S. Okutepa and a team of 27 other lawyers, submitted a final written address consisting of 104 paragraphs to the Governorship election petitions tribunal.
Within this address, Okutepa pleaded with the tribunal to draw upon the provisions of Section 177 (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
As articulated by the petitioner’s counsel, the central issue for determination revolved around the qualification of the second Respondent, Nwifuru, to participate in the election. It stated, “The essence of the Petitioners’ petition is that the 2nd Respondent, who was a member of the Ebonyi State House of Assembly both before and after the election and also held the position of Speaker under the platform of the Peoples Democratic Party (PDP), was not qualified to contest the Governorship election for the seat of Governor of Ebonyi State. This election was conducted by the 1st Respondent on March 18, 2023, and the 2nd Respondent was wrongly declared elected.”
The presentation highlighted that an array of documents, labeled Exhibit P1-P9 and certified as per the requirements of the Evidence Act, were introduced as evidence. PW1 provided testimony to substantiate the facts outlined in the petition. Exhibit R6 was also submitted through the 2nd Respondent’s witness, further validating the contents of the Petition.
Building on the evidence amassed during the hearings, the petitioners, at paragraph forty (40) on pages 11-12 of their submission, sought five main reliefs. Among these was a request for the 1st Respondent to mandate a fresh election, excluding the 2nd Respondent in accordance with section 179 (3) and (4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
The address continued to underscore the petitioners’ argument that the second Respondent (Nwifuru), having been elected as a member of the State’s House of Assembly under the banner of the PDP and subsequently appointed Speaker of the same House, never relinquished his position or vacated his seat, as required by Section 177 of the 1999 Constitution.
Emphasizing the lack of substantial and credible defense from the Respondents, the petitioners contended that the “feeble defense” created a void that demanded examination by the tribunal, urging the granting of the sought-after reliefs.
The petitioners firmly maintained that the law, as embedded in the Constitution of the Federal Republic of Nigeria, explicitly mandates that an aspirant for the office of Governor in a Nigerian State must meet the prerequisites of political party membership and sponsorship, as outlined in Section 177 (c) of the 1999 Constitution. This stipulation, they argued, is incontrovertible and devoid of exceptions, standing as a steadfast pillar that cannot be shaken.
Drawing attention to Section 109 (1) (g) of the 1999 Constitution (as amended), the petitioners directed the tribunal’s gaze toward a provision that states that if a person whose election to the House of Assembly was sponsored by a political party becomes a member of another political party before the expiration of the relevant term, certain consequences follow.
Arguing that a liberal approach is imperative when interpreting constitutional provisions, the petitioners maintained that this approach is consistent with established legal principles and aligns with the framers’ intent.
In conclusion, the petitioners underscored the importance of Section 134 (1) (a) of the Electoral Act, which they believed had been overlooked in earlier stages of the case.
The final submission by the petitioners was a call for a fresh election, given the disqualification of the 2nd Respondent and the subsequent inability of the remaining candidates to meet the Constitutional requirements for being declared the Governor.
During the adoption of the final written address, petitioner’s counsel John Mathew urged the tribunal to heed their pleas and disregard the counter affidavits and exhibits submitted by the Respondents.
In response, the counsels for the second and third Respondents, Onyechi Ikpeazu, SAN, and A. A. Ibrahim, SAN, argued for the dismissal of the petition. Ikpeazu emphasized that claims based on alleged constitutional infringement do not fall under the jurisdiction conferred by Section 285 (2) of the 1999 Constitution.
Counsel to the third Respondent, Ibrahim, pointed out that the allegations of forgery brought by the petitioners were not substantiated beyond reasonable doubt.
The contention over party membership was a focal point, with the counsel noting that parties are well aware of their members.
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