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ADJOTO KABIRU V. PEOPLES DEMOCRATIC PARTY (2024)

case summary

Court of Appeal (Benin Division)

Before Their Lordships:

  • Chidi Nwaoma Uwa JCA (Presided)
  • James Gambo Abundaga JCA (Read the Lead Judgment)
  • Usman Alhaji Musale JCA

Parties:

Appellants:

  • Adjoto Kabiru
  • Independent National Electoral Commission (INEC)

Respondents:

  • Peoples Democratic Party (PDP)
  • Hon. Peter Akpatason
  • All Progressives Congress (APC)
Suit number: CA/B/EP/ED/HR/03/2023

Background

This case arose from the 2023 Federal House of Representatives election for the Akoko-Edo Constituency in Edo State, where the 1st Respondent (Peoples Democratic Party) was declared the winner.

The 1st Appellant, Adjoto Kabiru, contested this decision, asserting that the election was marred by violence and that the declared candidate did not receive the majority of lawful votes. Following a petition at the National and State House of Assembly Election Tribunal, the tribunal dismissed the complaint, prompting an appeal to the Court of Appeal.

Issues

The Court identified three primary issues for consideration:

  1. Whether the tribunal properly excluded exhibits B207 and B208 from evidence.
  2. Whether the tribunal erred in its evaluation of evidence provided by collation officers who were not polling agents.
  3. Whether the 2nd Respondent was accurately declared as having received the majority of lawful votes cast in the election.

Ratio Decidendi

Post-evaluation, the court ruled as follows:

  1. The exclusion of exhibits B207 and B208 was justified given that their admissibility was not addressed adequately in the final addresses of the appellants.
  2. The tribunal was correct in deeming the evidence presented by the collation officers non-probative in the context of the petition since they did not directly participate in the voting process.
  3. The 2nd Respondent's votes, which surpassed the Appellant's, were held to be valid, negating claims of disenfranchisement from contested units.

Court Findings

The tribunal's ruling was upheld, emphasizing that:

  1. The merits of the case predominantly rested on procedural compliance regarding evidence submission.
  2. Petitioner must provide concrete evidence of irregularities directly affecting vote counts to sustain claims against electoral outcomes.
  3. Disregarding established procedural guidelines in election petitions can lead to dismissal of claims.

Conclusion

The Court of Appeal affirmed the tribunal's decision, effectively dismissing the appeal and maintaining the election results as declared.

Significance

This case underlines the critical nature of adhering to procedural regulations during election litigation. It illustrates the significance of evidence integrity in election disputes and the obligation on petitioners to substantiate their claims with credible and admissible evidence.

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