The Appeal Court, Friday, decided that the appeals of candidates of Peoples Democratic Party (PDP) and All Progressives Congress (APC) arising from the State Assembly elections of 9th March, 2019 in respect of Essien Udim State Constituency be consolidated and heard together.
The Court which heard the case between Mr. Esse Gerald Umoh of PDP and Mr. Nse Effiong Ntuen of APC ordered the Registry to inform the parties and fix a date for argument on the appeals to be heard and determined on or before the 24th of November, 2019.
Mr. Esse Umoh had appealed the decision of the Election Petition Tribunal (EPT) ordering the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Mr. Nse Ntuen. INEC had also cross-appealed that decision on the ground that a declaration was not made in respect of Essien Udim State Constituency.
It would be recalled that the Commission had withheld the Certificate of Return for Essien Udim State Constituency following a formal report by the Returning Officer, corroborated by the Commission field officers as well as Local and International Observers to the effect that the elections were marred by violence and wide spread irregularities. The Returning Officer, in a hand written report, had averred that he could not make a declaration as a consequence.
However, the PDP candidate, Umoh, filed a petition at the EPT asking to be declared the winner of the elections. The Commission, during the hearing, raised a preliminary objection asking the tribunal to dismiss the petition on the ground that a declaration was not made in respect of Essien Udim State Constituency.
Delivering its judgment, the EPT agreed with the Commission that it lacked the competence to entertain the petition as no declaration was made. It said inter alia that “…the petition right from the beginning had suffered a still-birth and the final surgical operation to terminate its life was only held down by Section 285(8) of the Constitution of the Federal Republic of Nigeria.
In view of the fact, even as admitted by the Petitioners that the petition failed to state the scores of the candidates and the person returned as the winner of the election, contrary to the mandatory provisions of paragraph 4(1)(c) of First Schedule to the Electoral Act 2010 (as amended), we hold that this petition is incompetent and it is hereby struck out.”
After striking out the petition however, the EPT in the same breath, (when it no longer had jurisdiction, the matter having become functus officio i.e concluded judgment), ordered that a Certificate of Return be issued to the candidate of the APC, Mr. Nse Ntuen, citing a video evidence tendered during the trial by the 1st Respondent, thereby acting as an appellate Court over its decision.
