The Court of Appeal, Calabar Judicial Division, sitting in Uyo, on April 30, 2025, dismissed the appeal of Prof. Peter Ikot Ogban, a University of Uyo professor, affirming his conviction and sentence for electoral offences committed during the 2019 National Assembly elections. In a unanimous judgment delivered by Hon. Justice Joseph Olubunmi Kayode Oyewole, JCA, with concurring opinions from Justices Peter Chudi Obiorah and Ishao Mohammed Sani, the court upheld the March 25, 2021, ruling of the Akwa Ibom State High Court, Ikot Ekpene, which found Ogban guilty of fraudulent manipulation of polling scores and falsification of election results.
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Background and Trial
Prof. Ogban, serving as the Collation/Returning Officer for Akwa Ibom North West Senatorial District in the February 24, 2019, elections, was arraigned on November 17, 2020, on a two-count charge under Section 123(1) and (4) of the Electoral Act, 2010 (as amended). The charges alleged that he fraudulently manipulated scores of two political parties (APC and PDP) in Etim Ekpo and Oruk Anam Local Government Areas and falsified, published, and announced fake election results. After an amended charge, he was re-arraigned on December 15, 2020, pleaded not guilty, and proceeded to trial.
The prosecution presented two witnesses (PW1 and PW2), Local Government Collation Officers, who tendered authentic results (Exhibits 2 and 5) and the falsified collated result (Exhibit 3) authored by Ogban. Ogban testified as the sole defence witness, claiming he relied on verbal pronouncements by PW1 and PW2, not the written results. The trial judge, Hon. Justice Augustine Odokwo, convicted him on both counts, finding the prosecution proved its case beyond reasonable doubt, and sentenced him accordingly.
Appeal and Issues
Dissatisfied, Ogban appealed via a Further Amended Notice of Appeal filed on October 7, 2022, containing 12 grounds. Despite his counsel’s request for adjournment, the appeal was heard on the scheduled date under Order 19, Rule 9(4) of the Court of Appeal Rules, 2021. The appellant, represented by Essien H. Andrew, SAN, raised four issues: (1) whether Count 1 was proved despite alleged vagueness and unproven elements; (2) whether Count 2 was proved given alleged duplicity and reasonable doubts; (3) whether the prosecution’s failure to obtain Ogban’s statement during investigation breached his fair hearing rights; and (4) whether the trial judge erred in not exercising discretion to impose a lighter sentence on Count 2.
The respondent, INEC, represented by Clement Onwuenwunor, SAN, adopted these issues, arguing that the charges were clear, the prosecution’s evidence was sufficient, no fair hearing breach occurred, and the sentence was appropriate.
Court of Appeal’s Findings
On Charges and Proof: The court rejected Ogban’s claim that Count 1 was vague, holding that a charge’s purpose is to notify the accused of allegations with sufficient particulars for defence preparation. As a university professor represented by counsel, Ogban understood the charges, pleaded not guilty, and mounted a defence, suffering no prejudice. The court found the prosecution proved Count 1 beyond reasonable doubt. PW1 and PW2, authors of the authentic results (Exhibits 2 and 5), testified that Ogban altered these figures in Exhibit 3, which he admitted authoring. The court dismissed Ogban’s claim that he relied on verbal pronouncements, noting the consistency of manipulations in Exhibit 3 to maintain the final vote tally, evidencing intent.
For Count 2, the court dismissed the duplicity argument, stating that Ogban’s failure to object at arraignment waived procedural defects. The evidence, including Exhibit 3’s falsified figures, supported the charge of falsifying and publishing false results. The court clarified that Section 123(4) of the Electoral Act uses “or” disjunctively, meaning announcing a false result alone suffices, without needing comparison to a certificate of return. The court also rejected the need to tender polling unit results, distinguishing this case from election petitions, as the issue was falsification, not determining the winner.
On Fair Hearing: Ogban’s claim of a fair hearing breach was dismissed. The court found he was invited to INEC’s investigative panel, testified, and had opportunities to exculpate himself before charges were filed, as evidenced by his trial testimony (pages 86-87 of the record). The absence of a police investigation was immaterial, as INEC staff are competent to investigate electoral offences.
On Sentencing: The court upheld the trial judge’s discretion in imposing a custodial sentence without a fine option for Count 2. Noting the severity of electoral offences, the court emphasized that elections are central to democracy, consuming significant public resources. Ogban’s role as a returning officer carried immense public trust, which he betrayed. A fine would undermine deterrence, and the court declined to interfere with the sentence.
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Resolving all issues against Ogban, the Court of Appeal dismissed the appeal as devoid of merit, affirming the lower court’s judgment and sentence. Justice Obiorah, in a concurring opinion, condemned Ogban’s actions as a betrayal of public trust, questioning his integrity as an educator. He hoped the judgment would deter electoral malpractice.
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