Whether Witnesses’ Written Statements on Oath Must Be Filed Along with the Petition

CASE TITLE: OLUCHI & ANOR v. JOSEPH & ORS (2023) LPELR-61575(CA)

JUDGMENT DATE: 22ND DECEMBER, 2023

PRACTICE AREA: ELECTION PETITION

LEAD JUDGMENT: ABDUL-AZEEZ WAZIRI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Election Petition.

FACTS:

This is an appeal against the decision of the National and State Houses of Assembly Election Tribunal of Ebonyi State that sat in Abuja delivered on the 27th day of October, 2023, with respect to the Federal House of Representatives election in Ezza North/Ishielu Federal Constituency of Ebonyi State.

Being dissatisfied with the decision of the National and State Houses of Assembly Election Tribunal of Ebonyi State, the Appellants appealed.

ISSUES FOR DETERMINATION:

The Court determined the appeal on the following issues, viz:

“1. Whether the trial Tribunal was wrong when it dismissed the Appellants’ petition on the ground that the application for pre-hearing notice was premature

2. Whether the written statements on the oath of RW1, RW2, and RW3 and the documents tendered through them were used in breach of procedure and the existing adjectival laws in the election petition and should be discounted.

3. Whether the cancellation of the election results as done by the presiding officers of the 3rd Respondent in the 3 polling units where the elections were disrupted before the announcement of the results were null and void, thereby entitling the petitioners to the cancelled votes to make them winners of the Election.”

DECISION/HELD:

In the final analysis, the Court dismissed the appeal.

RATIOS:

• PRACTICE AND PROCEDURE – PROCEDURAL IRREGULARITY/ISSUE OF SUBSTANTIVE JURISDICTION – Distinction between Procedural irregularity and issue of substantive jurisdiction
• ELECTION PETITION – APPEAL ARISING FROM ELECTION PETITION – Whether the Court of Appeal can exercise its power under Section 15 of the Court of Appeal Act where the time for hearing an election petition has expired
• ELECTION PETITION – ELECTION PETITION PROCEEDINGS – Whether written statement on oath of witnesses must be filed along with the petition within the time frame for filing the petition; effect of failure to file written statement on oath at all or file same within time
• ELECTION PETITION – ELECTION PETITION PROCEEDINGS – Whether a party can be allowed to call additional witnesses outside the prescribed timeframe in an election petition proceeding

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