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OMOSEDE GABRIELLA IGBINEDION V. INDEPENDENT NATIONAL ELECT. (2024)

case summary

Court of Appeal (Lagos Division)

Before Their Lordships:

  • Chidi N. Uwa JCA
  • James Gambo Abundaga JCA
  • Usman Alhaji Musale JCA

Parties:

Appellants:

  • Omosede Gabriella Igbinedion
  • Peoples Democratic Party (PDP)

Respondents:

  • Independent National Electoral Commission (INEC)
  • All Progressives Congress (APC)
  • Idahosa Dennis
Suit number: CA/B/EPT/HR/ED/08/23

Background

This case concerns an election petition filed by Omosede Gabriella Igbinedion and the Peoples Democratic Party (PDP) against the Independent National Electoral Commission (INEC) and the All Progressives Congress (APC), specifically targeting the election results for the Ovia North East/Ovia South West Federal Constituency of Edo State, which took place on February 23, 2023. The appellants alleged corrupt practices and non-compliance with the Electoral Act during the voting process.

Issues

The appeal raised significant legal questions:

  1. Was the trial Tribunal correct in its determination that the two grounds of the petition were inconsistent with the claims made for relief?
  2. Was exhibit A, the record of PVCs collected, correctly deemed inadmissible by the Tribunal?
  3. Did the appellants sufficiently prove their allegations of corrupt practices and non-compliance with election regulations?

Ratio Decidendi

The Court of Appeal upheld the ruling of the Tribunal, emphasizing the binding nature of the Electoral Act's stipulations regarding election petitions. It was determined that reliefs sought must correspond directly to the grounds stated. Additionally, the appellants failed to substantiate claims of corrupt practices with sufficient evidence, and hearsay was not admissible as credible evidence in support of their claims.

Court Findings

The Court made several critical findings:

  1. That the appellants’ petition lacked essential consistency; while challenging the validity of the entire election, their sought reliefs pertained only to certain reported discrepancies, thus rendering their claims ungrantable.
  2. Exhibit A was declared inadmissible on grounds of lacking proper certification, as it did not meet the necessary statutory requirements, including the absence of relevant signatures or date confirmations.
  3. The allegations of corrupt practices were not proven beyond a reasonable doubt, as required by the respective sections of the Evidence Act, particularly given the reliance on hearsay testimony from non-eye witnesses.

Conclusion

The court affirmed the Tribunal's dismissal of the appellants' petition for lack of merit, highlighting the importance of consistent pleadings and credible evidence in election-related disputes.

Significance

This case underscores the rigorous standards that claimants must meet in election petitions, particularly concerning corrupt practices and the burden of proof required for such allegations. The ruling reinforces the necessity of coherent claims and substantiated evidence, shaping further legal interpretations of electoral disputes within Nigerian jurisprudence.