Background
This case arises from the senatorial election for the Itu/Ibiono Federal Constituency, where Hon. (Barrister) Ita S. Enang, representing the Peoples' Democratic Party (PDP), was declared the winner over Dr. Henry Okon Archibong of the Alliance for Democracy (AD). Despite this declaration, Archibong challenged the election result via a petition filed before the Governorship and Legislative Houses Election Tribunal in Akwa Ibom State.
Issues
The primary issues for consideration in this appeal included:
- Whether the tribunal acted without jurisdiction due to the non-joinder of necessary parties as mandated by Section 144(2) of the Electoral Act, 2006.
- Whether the reliefs sought by Archibong were enforceable before the tribunal.
Ratio Decidendi
The Court of Appeal determined that:
- Non-joinder of necessary parties rendered the petition before the tribunal incompetent.
- The tribunal granted reliefs not claimed by the petitioner, undermining its authority.
Court Findings
The Court concluded that:
- The tribunal erred in entertaining the petition without the necessary electoral officers being joined as parties.
- The absence of a statement on oath filed by the petitioner invalidated the petition, rendering it non-compliant with procedural requirements.
Conclusion
The petition was ruled incompetent and subsequently struck out. The cross-appeal from the tribunal's ruling was also declared academic.
Significance
This case underscores the critical importance of adhering to procedural requirements in electoral disputes, particularly regarding the joinder of relevant parties and the necessity of presenting a comprehensive statement on oath. It highlights that any deviations from prescribed methods can lead to the dismissal of petitions, thereby affecting electoral justice.
Costs
The appellant was awarded costs assessed at N35,000.00, with statutory respondents bearing their own costs.