Background
This case arose from the gubernatorial election held on April 14, 2007, in Edo State, Nigeria, where Senator (Prof) Oserheimen Osunbor, representing the Peoples Democratic Party (PDP), was declared the winner by the Independent National Electoral Commission (INEC). Dissatisfied with the outcome, Comrade Adams Aliyu Oshiomhole of the Action Congress (AC) submitted a petition to the Governorship and Legislative Houses Election Tribunal, challenging the election results on grounds of electoral malpractices, non-compliance with the Electoral Act, and corrupt practices.
Issues
The primary issues before the Court of Appeal included:
- The legality of the petition's signing.
- The tribunal's handling of the scores of candidates.
- Whether the tribunal pre-judged substantive issues at the interlocutory stage.
- If the tribunal correctly applied the relevant standards of proof.
- Whether the tribunal's reliance on certain charts (A to O) had basis.
Ratio Decidendi
The Court held that the tribunal's findings were binding, particularly concerning its confirmation of electoral malpractices that invalidated numerous votes. The court noted that documentary evidence presented by Oshiomhole, including invalidated votes due to non-compliance with electoral regulations, outweighed the respondents' claims.
Court Findings
The Court affirmed the tribunal's conclusion that:
- Even if technicalities were involved, substantial compliance with the legal stipulations was achieved.
- Oshiomhole was indeed the highest scorer of valid votes as determined from the evidence presented.
- The respondents failed to sufficiently contest the admissibility and relevance of the evidence brought forth by the petitioners.
Conclusion
The Court dismissed the appeals from the respondents (Osunbor, PDP) affirming the tribunal's judgment that declared Oshiomhole as the elected Governor of Edo State based on the highest number of valid votes.
Significance
This case is significant as it underscores the importance of electoral transparency and adherence to electoral regulations. It also highlights the judiciary's role in maintaining the integrity of the electoral process, ensuring that every vote is counted correctly and that elections are conducted in a manner that commands public confidence.