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UWAMOSE OSAZUWA AMADASUN V. ELIZABETH UYIMWEN ATIVIE ET AL ( (2009)

case summary

Court of Appeal (Benin Division)

Before Their Lordships:

  • George Oladeinde Shoremi JCA (Presided)
  • Helen Moronkeji Ogunwumiju JCA
  • Ali Abubakar Babandi Gumel JCA (Read the Lead Judgment)

Parties:

Appellants:

  • Mr. Uwamose Osazuwa Amadasun
  • Action Congress (AC)

Respondents:

  • Mrs. Elizabeth Uyimwen Ativie
  • Peoples’ Democratic Party (PDP)
  • Independent National Electoral Commission
  • Resident Electoral Commissioner Edo State
  • Electoral Officer Uhunmwode Local Government Area
Suit number: CA/B/EPT/61/2008

Background

This case centers on an electoral dispute arising from the Edo State House of Assembly elections held on April 14, 2007, in the Uhunmwode Constituency. The 1st appellant, Uwamose Osazuwa Amadasun, was the candidate from the Action Congress party, while the 1st respondent, Elizabeth Uyimwen Ativie, represented the Peoples’ Democratic Party. Following the election, Ativie was declared the winner. Dissatisfied with the results, Amadasun and the Action Congress filed a petition challenging the validity of the election results on several grounds, including alleged corrupt practices and non-compliance with electoral guidelines.

Issues

The primary issues addressed in the appeal included:

  1. Whether the lower tribunal correctly calculated the valid votes by failing to deduct invalid votes from the totals.
  2. The propriety of the tribunal's cancellation of various votes and its implications on the final result.

Ratio Decidendi

The Court of Appeal held that:

  1. The tribunal was incorrect in its approach to counting valid votes, specifically for failing to deduct cancelled votes from the totals credited to each candidate.
  2. Each vote cast must be valid; hence, any invalid votes must not be included in the final tally.

Court Findings

The Court carefully examined the evidence concerning the invalidity of certain votes linked to improper procedures, such as lack of signatures or stamps on ballot papers. It noted the requirement under INEC regulations for proper signing and stamping, observing that non-compliance rendered those votes invalid.

The tribunal's judgment was criticized for adding invalid votes back to the tallies rather than subtracting them, which constituted a significant error in processing the electoral returns.

Conclusion

In its verdict, the Court reversed the earlier tribunal decision, asserting that the petitioners had the majority of lawful votes after proper deduction of invalid votes. The Court annulled the declaration of the 1st respondent as the winner and instead declared the appellants the rightful winners of the election for the Uhunmwode Constituency.

Significance

This case underscores the importance of accurate adherence to electoral procedures and the meticulous scrutiny required in electoral disputes. It reinforces the concept that every vote must adhere to legal standards for it to count, thereby protecting the integrity of the electoral process.

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