Amana Online

IN THE COURT OF APPEAL

HOLDEN AT ABUJA

THE ELECTION TO THE OFFICE OF PRESIDENT

OF THE FEDERAL REPUBLIC OF NIGERIA

HELD ON THE 19^TH APRIL 2003

ELECTION PETITION NUMBER: …………………….

BETWEEN

PETITIONERS

1. Muhammadu Buhari

2. Dr. Chuba Okadigbo

3. All Nigerian Peoples Party (ANPP)

AND

RESPONDENTS

1. Chief Olusegun A. Obasanjo

2. Alhaji Atiku Abubakar

3. Independent National Electoral Commission (INEC)

4. Chief Electoral Officer At The Presidential Election

5. Chief Returning Officer of the Presidential Election

6. Resident Electoral Commissioner Abia State

7. Resident Electoral Commissioner Adamawa state

8. Resident Electoral Commissioner Anambra State

9. Resident Electoral Commissioner Bauchi State

10. Resident Electoral Commissioner Bayelsa State

11. Resident Electoral Commissioner Benue State

12. Resident Electoral Commissioner Borno State

13. Resident Electoral Commissioner Cross River State

14. Resident Electoral Commissioner Delta State

15. Resident Electoral Commissioner Ebonyi State

16. Resident Electoral Commissioner Edo State

17. Resident Electoral Commissioner Ekiti State

18. Resident Electoral Commissioner Enugu State

19. Resident Electoral Commissioner Gombe State

20. Resident Electoral Commissioner Imo State

21. Resident Electoral Commissioner Jigawa State

22. Resident Electoral Commissioner Kaduna State

23. Resident Electoral Commissioner Kano State

24. Resident Electoral Commissioner Katsina State

25. Resident Electoral Commissioner Kebbi State

26. Resident Electoral Commissioner Kogi State

27. Resident Electoral Commissioner Kwara State

28. Resident Electoral Com missioner Lagos State

29. Resident Electoral Commissioner Nasarawa State

30. Resident Electoral Commissioner Niger State

31. Resident Electoral Commissioner Ogun State

32. Resident Electoral Commissioner Ondo State

33. Resident Electoral Commissioner Osun State

34. Resident Electoral Commissioner Oyo State

35. Resident Electoral Commissioner Plateau State

36. Resident Electoral Commissioner Rivers State

37. Resident Electoral Commissioner Sokoto State

38. Resident Electoral Commissioner Taraba State

39. Resident Electoral Commissioner Yobe State

40. Resident Electoral Commissioner Zamfara State

41. Resident Electoral Commissioner Federal Capital Territory Abuja

42. State returning Officers At Presidential Election

43. State returning Officers At Presidential Election Abia State

44. State returning Officers At Presidential Election Adamawa state

45. State Returning Officers At Presidential Election Anambra State

46. State Returning Officers At Presidential Election Bauchi State

47. State Returning Officers At Presidential Election Bayelsa State

48. State Returning Officers At Presidential Election Benue State

49. State Returning Officers At Presidential Election Borno State

50. State Returning Officer s At Presidential Election Cross River Stat

51. State Returning Officers At Presidential Election Delta State

52. State Returning Officers At Presidential Election Ebonyi State

53. State Returning Officers At Presidential Election Edo State

54. State Returning Officer At Presidential Election Ekiti State

55. State Returning Officer At Presidential Election Enugu State

56. State Returning Officer At Presidential Election Gombe State

57. State Returning Officer At Presidential Election Imo State

58. State Returning Officer At Presidential Election Jigawa State

59. State Returning Officer At Presidential Election Kaduna State

60. State Returning Officer At Presidential Election Kano State

61. State Returning Officer At Presidential Election Katsina State

62. State Returning Officer At Presidential Election Kebbi State

63. State Returning Officer At Presidential Election Kogi State

64. State Returning Officer At Presidential Election Kwara State

65. State Returning Officer At Presidential Election Lagos State

66. State Returning Officer At Presidential Election Nasarawa State

67. State Returning Officer At Presidential Election Niger State

68. State Returning Officer At Presidential Election Ogun State

69. State Returning Officer At Presidential Election Ondo State

70. State Returning Officer At Presidential Election Osun State

71. State Returning Officer At Presidential Election Oyo State

72. State Returning Officer At Presidential Election Plateau State

73. State Returning Officer At Presidential Election Rivers State

74. State Returning, Officer At Presidential Election Sokoto State

75. State Returning Officer At Presidential Election Taraba State

76. State Returning Officer At Presidential Election Yobe State

77. State Returning Officer At Presidential Election Zamfara State

78. State Returning Officer At Presidential Electoral Federal Capital Territory Abuja

79. Electoral Officer Ogu/Bolo Local Government Area of Rivers state

80. Electoral Officer Ikwere Local Government Area of Rivers State

81. Ward Returning Officer Omerelu Ward 5 Ikwere Local Government Area Rivers State

82. Electoral Officer Opobo/Nkoro L.ocal Government Area Rivers State

83. Electoral Officer Tai L.G.A Rivers State

84. Electoral Officer Abua/Odual L.G .A Rivers State (Mr. Mgbere)

85. Electoral Officer Port Harcourt L.G.A Rivers State

86. Electoral Officer Obio/Akpor L.G.A.Rivers State

87. Electoral Officer Ahoada-West L.G.A Rivers State

88. Electoral Officer Etche L.G.A Rivers State (Mr. Sekibo)

89. Electoral Officer Degema L.G.A Rivers State

90. Electoral Officer Bonny L.G.A Rivers State

91. Electoral Officer Emohua L.G.A.Rivers State

92. Electoral Officer Andoni L.G.A Rivers State

93. Electoral Officer Onelga L.G.A Rivers State

94. Electoral Officer Akuku-Toru L,.G.A Rivers State

95. Returning Officer Asari L.G.A Rivers State

96. Electoral Officer Gokama L.G.A Rivers State

97. Electoral Officer Ogbia L.G.A Bayelsa State

98. Electoral Officer South Ijaw L.G.A Bayelsa State

99. Electoral Officer Sagbama L.G.A Bayelsa State

100. Electoral Officer Ekeremor L.G.A Bayelsa State

101. Electoral Officer Kolokuma L.G.A Bayelsa State

102. Electoral Officer Akankpa L.G.A Bayelsa State

103. Electoral Officer Calarbar Municipality Coucil

104. Electoral Officer Etim Ekpo L.G.A Akwa Ibom State

105. Electoral Officer Oruk Anam L.G.A Akwa Ibom State

106. Electoral Officer Nsit Ubium L.G.A Akwa Ibom State

107. Electoral officer Ika L.G.A Akwa Ibom State

108. Electoral Officer Ikot Abasi L.G.A Akwa Ibom State

109. Electoral Officer Mkpat Enin L.G.A Akwa Ibom State

110. Electoral Officer Uyo L.G.A Akwa Ibom State

111. Electoral Officer Uruan L.G.A Akwa Ibom State

112. Electoral Officer Ibesikpo/Asutan L.G.A Akwa IbomState

113. Electoral Officer Nsit Attai L.G.A Akwa Ibom State

114. Electoral Officer Mbo L.G.A Akwa Ibom State

115. Electoral Officer Okobo L.G.A Akwa Ibom State

116. Electoral Officer Urue Effiong/ Oruko L.G.A Akwa Ibom State

117. Electoral Officer Ovia North- East L.G.A Edo State

118. Electoral Officer Ovia Southeast L.GA. Edo State

119. Electoral Officer Orhionwon L.G.A Edo State

120. Electoral Officer Esan-West L.G.A Edo State

121. Electoral Officer Esan-Central L.G.A Edo State

122. Electoral Officer Igueban L.G.A Edo State

123. Electoral Officer Esan-North East L.G.A Edo State

124. Electoral Officer Esan Southeast L.G.A Edo State

125. Electoral Officer Owan West L.G.A Edo State

126. Electoral Officer Etsako Central L.G.A Edo State

127. Electoral Officer Akoko –Edo L.G.A Edo State

128. Electoral Officer Ukwani L.G.A Delta State

129. Electoral Officer Ndokun West L.G.A Delta State

130. Electoral Officer Ughelli North L.G.A Delta State

131. Returning Officer Hong L.G.A. Adamawa State

132. Electoral Officer Hong L.G.A. Adamawa State

133. Electoral Officer Michika L.G.A. Adamawa State

134. Returning Officer Michika L.G.A. Adamawa State

135. Returning Officer Mubi North L.G.A. Adamawa State

136. Returning Officer Fufore L.G.A. Adamawa State

137. Presiding Officer Mallagum Ward Makarfi L.G.A. Kaduna State

138. Electoral Officer Jema’a L.G.A. Kaduna State

139. Presiding Officer Arabi Ward KagarkoL.G.A. Kaduna State

140. Electoral Officer Kachika L.G.A. kaduna State

141. Electoral Officer Jaba L.G.A. Kaduna State

142. Electoral Officer Zango-Kataf L.G.A. Kaduna State

143. Electoral Officer Ogri-Magongo L.G.A. Kogi State

144. Electoral Officer Bunu L.G.A. Kogi State

145. Electoral Officer Basa L.G.A. Kogi State

146. Returning Officer Okene L.G.A. Kogi State

147. Returning Officer Yagba East L.G.A. Kogi State

148. Returning Officer Igboeze L.G.A. Enugu State

149. Electoral Officer Eze-Agu L.G.A. Enugu State

150. Electoral Officer Aba South L.G.A. Abia State

151. Returning Officer Aba South L.G.A. Abia State

152. Returning Officer Aba North L.G.A. Abia State

153. Presiding Officer St.Catherines Polling Station Nkwere L.G.A. Imo State

154. Presiding Officer Okwarachi Polling Station Nkwere L.G.A. Imo State

155. Presiding Officer Umukdu Polling Station Nkwere L.G.A. Imo State

156. Returning Officer Nkwere L.G.A. Imo State

157. Electoral Officer Oguta L.G.A. Imo State

158. Returning Officer Oguta L.G.A. Imo State

159. Presiding Officer Ndiorinibe Square Polling Station Ogut L.G.A. Imo State

160. Presiding Officer Amakponudu PrimarySchool Oguta L.G.A. Imo State

161. Electoral Officer Orsu L.G.A. Imo State

162. Returning Officer Orsu L.G.A. Imo State

163. Electoral Officer Idiator North L.G.A.Imo State

164. Returning Officer Idiator North L.G.A.Imo State

165. Presiding Officer Polling Station 001Amanze/Umungwa Ward II Obowo L.G.A. Imo State

166. Presiding Officer Unit 004 Amanze/Umungwa Ward II Obowo L.G.A. Imo State

167. Presiding Officer Umunwandu Hall Polling Station Obowo L.G.A. Imo State

168. Electoral Officer Obowo L.G.A. Imo State

169. Returning Officer Obowo L.G.A.Imo State

170. Electoral Officer Isiala Mbaro L.G.A. Imo State

171. Returning Officer Isiala Mbaro North L.G.A.Imo State

172. Electoral Officer Onuimo L.G.A. Imo State

173. Returning Officer Onuimo L.G.A.Imo State

174. Electoral Officer Okigwe L.G.A. Imo State

175. Returning Officer Okigwe L.G.A.Imo State

176. Presiding Officer State Primary School Polling Station Okigwe L.G.A Imo State (Mrs Mbaonu)

177. Electoral Officer Ihitte-Uborre L.G.A. Imo State

178. Returning Officer Ihitte-Uborre L.G.A.Imo State

179. Electoral Officer Ahiazu Mbaise L.G.A. Imo State

180. Returning Officer Ahiazu Mbaise L.G.A. Imo State

181. Electoral Officer Aboh Mbaise L.G.A. Imo State

182. Returning Officer Aboh Mbaise L.G.A. Imo State

183. Electoral Officer Ikeduru L.G.A. Imo State

184. Returning Officer Ikeduru L.G.A. Imo State

185. Electoral Officer Owerri Municipal Ward Imo State

186. Returning Officer Owerri Municipal Ward Imo State

187. Electoral Officer Ngor-Okpala L.G.A. Imo State

188. Returning Officer Ngor-Okpala L.G.A. Imo State

189. Electoral Officer Ezinihitte L.G.A. Imo State

190. Returning Officer Ezinihitte L.G.A. Imo State

191. Electoral Officer Jalingo L.G.A Taraba State

192. Electoral Officer Sardauna L.G.A Taraba State

193. Electoral Officer Yoro L.G.A Taraba State

194. Returning /Collation Officer Kasa 1 Ward Yoro L.G.A Taraba State

195. Returning /Collation Officer Akwana Ward Wukari L.G.A Taraba State

196. Returning /Collation Officer R/Kada Ward Wukari L.G.A Taraba State

197. Returning /Collation Officer Manya Ward code of Takum L.G.A Taraba State

198. Presiding Officer Wukari L.G.A Taraba State

199. Presiding Officer K/ Wakili Polling Station Taraba State

200. Presiding Officer Tikeri Tanji Haske Polling Station Taraba State

201. Presiding Officer Kuna Tirani Polling Station Taraba State

202. Presiding Officer Tikari Polling Station Taraba State

203. Presiding Officer Barinya Polling Station Taraba State

204. Presiding Officer Pati Polling Station Taraba State

205. Electoral Officer Kurmi L.G.A Taraba State

206. Returning Officer Kurmi L.G.A Taraba State

207. Electoral Officer Takum L.G.A Taraba State

208. Returning Officer Takum L.G.A Taraba State

209. Returning Officer Wukari L.G.A Taraba State

210. Presiding Officer Bye-Yora Polling Station Wukari L.G.A Taraba State

211. Presiding Officer Polling Station code 001 Yoro L.G.A Taraba State

212. Ward Returning/Collation Officer Akwana Ward Wukari L.G.A Taraba State

213. Ward Returning/Collation Officer Maje Ward Takum L.G.A Taraba State

214. Returning Officer Lau L.G.A Taraba State

215. Returning Officer Gashaka L.G.A Taraba State

216. Electoral Officer Guyuk L.G.A Adamawa State

217. Returning /Collation Officer Guyuk L.G.A Adamawa State

218. Returning Officer Jada L.G.A Adamawa State

219. Returning Officer Toungo L.G.A Adamawa State

220. Presiding Officer Lande Chitta Polling Station Adamawa State

221. Returning Officer Yarima Isa L.G.A Adamawa State

222. Presiding Officer Gunti Deutipsan Mumuye Polling Station Adamawa State

223. Presiding Officer Lugger Danta Polling Station Adamawa State

224. Returning Officer Sardauna L.G.A Taraba State

225. Returning Officer Mayo Belwa L.G.A Adamawa State

226. Electoral Officer Madagali L.G.A Adamawa State

227. Returning Officer Madagali L.G.A Adamawa State

228. Electoral Officer Song L.G.A Adamawa State

229. Returning Officer Song L.G.A Adamawa State

230. Presiding Oficer Benjiran Polling Station Guyuk L.G.A Adamawa State

231. Presiding Officer Bobini Polling Station Guyuk L.G.A Adamawa State

232. Presiding Officer Chikila Polling Station Guyuk L.G.A Adamawa State

233. Presiding Officer Punrokayo Polling Station Guyuk L.G.A Adamawa State

234. Presiding Officer Duma Polling Station Guyuk L.G.A Adamawa State

235. Presiding Officer Bodene Polling Station Guyuk Adamawa State

236. Presiding Officer Polling Station pu 003 Garale Ward Hong L.G.A Adamawa State

237. Presiding Officer Polling Station PU 005 Garale Ward L.G.A Adamawa State

238. Presiding Officer Polling Station PU 012 Garale Ward L.G.A Adamawa State

239. Presiding Officer Polling Station PU 08 Hildi Ward L.G.A Adamawa State

240. Presiding Officer Polling Station PU 0008 Banshika L.G.A Adamawa State

241. Presiding Officer Polling Station PU 001 Banshika L.G.A Adamawa State

242. Presiding Officer Polling Station PU 001 Daksiri Ward Hong L.G.A Adamawa State

243. Presiding Officer Polling Station PU 002 Daksiri Ward Hong L.G.A Adamawa

244. State

245. Presiding Officer Polling Station PU 003 Daksiri Ward Hong L.G.A Adamawa

246. State

247. Presiding Officer Polling Station pu 004 Daksiri Ward Hong L.G.A. Adamawa State

248. Presiding Officer Polling Station pu 005 Daksiri Ward Hong L.G.A. Adamawa State

249. Presiding Officer Polling Station pu 012 Daksiri Ward Hong

250. Returning /Collation Officer Garha Ward Hong L.G.A. Adamawa State

251. Returning /Collation Officer Adamawa Ward Hong L.G.A. Adamawa State

252. Returning /Collation Officer Hildi Ward Hong L.G.A. Adamawa State

253. Presiding Officer Polling Station unit 1 (009)Garha Ward Hong L.G.A. Adamawa State (Abubakar S. Garba)

254. Electoral Officer Hong L.G.A. Adamawa State

255. Returning Officer Hong L.G.A. Adamawa State

256. Returning /Collation Officer Mubi South L.G.A. Adamawa State

257. Returning /Collation Officer Mubi North L.G.A. Adamawa State

258. Returning Officer Ganye L..G.A Presiding Officer Polling Station Adamawa State

259. Returning Officer /collation Officer Gamu Ward Ganye L.G.A Adamawa State

260. Presiding Officer Bodene Polling Station Guyuk Adamawa State

261. Returning/Collation Officer Kogin Baba 11 Ward Toung LGA, Adamawa

262. Returning/Collation Officer Kogin Baba 1 Ward Toung LGA, Adamawa

263. Returning/Collation Officer Kiri 11 Ward Toung LGA, Adamawa

264. Returning/Collation Officer Kiri 1 Ward Toung LGA, Adamawa

265. Returning/Collation Officer Gumti Ward Toung LGA, Adamawa

266. Returning/Collation Officer Dawo Ward II Toung LGA, Adamawa

267. Returning/Collation Officer Dawo 1 Toung LGA, Adamawa

268. LGA Returning Code 19 Adamawa Code 02, Adamawa State.

The petition of Muhammadu Buhari of Daura in Katsina State, Dr Chuba Okadigbo of Ogbunike in Anambra State and The All Nigerian Peoples Party (ANPP) whose names are herein subscribed.

1. Your 1^st Petitioner Muhammadu Buhari was a Presidential candidate while the 2^nd Petitioner was a Vice - Presidential candidate at the above election held on 19^th April 2003 for the post of President and Vice-President of the Federal Republic of Nigeria.

2. Your 3^rd Petitioner is one of the thirty registered Political parties in Nigeria. The 3^rd Petitioner sponsored the 1^st Petitioner for the post of President. The 2^nd Petitioner was on the Presidential ticket with the 1^st Petitioner as the 1^st Petitioner’s Vice- Presidential candidate.

3. Your Petitioners claim that the above election was vitiated by substantial non-compliance with mandatory statutory requirements, and irregularities that substantially affected the election, and consequently that none of the candidates was entitled to be returned at the election.

4. And your Petitioners state that the candidates and their scores as arbitrarily assigned to each candidate and declared by the National Returning Officers for the Presidential election are as follows:

· The 1^st Respondent who together with the 2^nd Respondent were sponsored by the People Democratic Party P.D.P was returned as elected.

5. The Petitioners shall contend that the figures ascribed to each of the candidates in the result above pleaded were the product of deliberate wrong entries made by the 3^rd Respondent ‘s Agents or representatives at the Wards, Local Government Areas and State Collation Centers. The declared result of the Presidential election held on the 19^th April 2003 is hereby pleaded.

6. The 3^rd Respondent is the statutory body charged with the conduct of elections for elective offices at the Federal and State levels of administration in Nigeria.

7. The other Respondents are the agents or representatives of the 3^rd Respondent who conducted the elections on behalf of the said Respondent as its field officers.

8. In the performance of its statutory functions in the conduct of elections including the Presidential Election, the 3^rd Respondent and its agents and representatives are constitutionally and statutorily enjoined to be independent, neutral and fair, and at all times act in the interest of the Federal Republic of Nigeria. Hence under section 18 of the Electoral Act of 2002, they are mandatorily required to affirm or swear to an Oath of allegiance to the Federal Republic of Nigeria, and neutrality in the conduct of the election.

(a) That the election is invalid by reason of non-compliance with the provisions of the Electoral Act 2002.

That the respondent was not duly elected by a majority of lawful votes cast at the election and did not score one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the federation and the Federal Capital Territory, Abuja in accordance with the provisions of the constitution and the Electoral Act 2002.

Your Petitioners plead that the election sought to be nullified was conducted in substantial negation of the fundamental principles of the Electoral Act, which are the sustenance of democracy, neutrality in the conduct of the election, fairness, and allegiance to the Federal Republic of Nigeria. The 3^rd respondent and its representatives were, in the conduct of the election, undemocratic, lacking in neutrality, unfair to all concerned save the 1^st and 2^nd Respondents and the P.D.P, and manifested in overt actions, loyalty and neutrality, not to the Federal Republic of Nigeria but to the 1^st and 2^nd Respondents and the P.DP their sponsor.

11. The 3^rd Respondent failed, neglected or omitted to subject the Electoral Officers, Presiding Officers and Returning Officers who participated in the conduct of the election to an oath or affirmation of loyalty to the Federal Republic of Nigeria, and neutrality in the conduct of the election in negation of the provisions of Section 18 of the Electoral Act 2002. Your petitioners plead that this failure, neglect, or omission robbed all the officers who participated in the conduct of the election of the fundamental competence to participate in the conduct of the election. As a result, the petitioners plead that the election is null and void.

12. The 3^rd Respondent conducted the election without an authentic voters register. The 3^rd Respondent carried out a voters registration exercise and produced a register after display, claims and objections. Thereafter, the 3^rd Respondent announced that it had completed a voters register for the general election. On the 12^th of April 2003, the purported voters register was used for the election. But before the election now subject matter of this petition which was “conducted” on 19^th April 2003 the 3^rd Respondent announced the reversion to the handwritten collation of names by the registration officers as also being eligible for use in the election. The two registers namely, the electronically produced register which was produced after claims and objections, and the original hand written list not subjected to verification, were used side by side thereby creating opportunity for the electoral malpractice of double voting. The Petitioners shall contend at the hearing that in the circumstance there was no authentic voters register, and thus the election so conducted was invalid.

12(a) The 3^rd Respondent, consistent with its powers under the 1999 Constitution, and the Electoral Act 2002 produced and published guidelines for the conduct of the election. In the guidelines, the 3^rd Respondent expressly distinguished the thumb from the other fingers, and announced that voting would be by thumb printing only. But after the elections of 12^th April 2003,the 3^rd Respondent announced that any finger might be used to vote, thereby going contrary to its own guidelines, which the Petitioners shall contend, has a constitutional flavour. The change has made proof of multiple voting almost impossible, the very effect it was intended to have. The Petitioners shall contend that this is a substantial non-compliance with the Act and the published guidelines, which has a vitiating effect on the election.

13. In accordance with the Provisions of Section 67 (3) of The Electoral Act 2002, the Polling Agents of contesting political parties were expected to certify all the election materials to be used at the election from the office to the polling station. But the 3^rd Respondent and its representatives failed or neglected to apply this very important provision, which was enacted to ensure credibility of the electoral process. As a result of this failure, the Petitioners shall contend, it became impossible to monitor what materials actually and officially emanated from the offices of the 3^rd Respondent at the National, State or Local government points of distribution of election materials such as the ballot boxes, the ballot papers and result sheets for the polling stations (booths), wards, Local Government Area, State and National Collation Centers.

13A. The petitioners hereby plead and shall contend at the hearing that all such uncertified election materials were invalid for the election, and, by extension, the election itself was invalid, the same having been conducted with invalid materials.

14. The Petitioners further plead that the 3^rd Respondent and its Agents before election, during the elections, and after the elections, in their conduct and actions manifested a likelihood of bias in favour of the 1^st Respondent, the 2^nd Respondent and their Sponsor , the P.D.P. Such manifestation of bias was to the detriment of the Petitioners and other Political Parties. Particulars of some of the acts or conduct that manifested likelihood of bias are as follows:

(a) The 3^rd Respondent recruited and trained ad-hoc staff to perform duties as Presiding/Returning officers, poll clerks and other assigned duties. But less than forty-eight hours to the election, and in some cases on election day, most of the recruited and trained ad-hoc staff were dropped, even though most of them had been given appointment letters. In their places those who were recruited turned out to be members of P.D.P, their relations, supporters or those sponsored by the party. This act of partisanship occurred in all the States of the Federation and Abuja.

(b) In Ebonyi State, the PDP members were seen repainting private vehicles in INEC colours, and putting INEC inscriptions on them in a mechanic’s workshop in Abakaliki. The 3^rd Respondent was, through its State Officials, informed of what had been seen, but no action was taken even to crosscheck the information. The Petitioners shall contend that the officials, of the 3^rd Respondent failed to react because the 3^rd Respondent was aware of what the P.D.P members in Ebonyi State were doing at the mechanic’s workshop. The vehicles were used in the distribution of unofficial voting and collation materials in the course of the purported election.

(c) Before and during the election, the 3^rd respondent connived at malpractices and acts of violence carried out by the P.D.P thugs and stalwarts either acting alone or in collusion with the Nigerian Mobile Police, against the members of the A.N.P.P and other political parties and their supporters. For example in Ebonyi State, a man was abducted from a police station by P.D.P thugs, killed, and his body carried to the residence of some A.NPP leaders to exhibit as evidence of what would befall anybody who stood in the way of the PDP in the State. The 3^rd Respondent was aware of this and other acts of violence in the State against the ANPP members but did nothing to sanction the PDP thereby creating an in conducive atmosphere for the electoral process to take place. Evidence of similar acts of violence in at least twenty-one states of the Federation shall be presented at the hearing.

(d) The field officers of the 3^rd respondent were aware of the acts of violence and other malpractices but refused to react to them on the spot thereby giving room for other acts of non-compliance and irregularities to be perpetrated by the PDP. For example, the INEC officials still accepted and declared results at higher levels of collation centres even from places where ballot boxes were physically snatched from the polling stations to unknown locations by PDP thugs and stalwarts to the knowledge of the INEC and its officers. Even in places like Imo State where ballot boxes are still lying in school premises the INEC declared results.

(e) In Lagos State, the 3^rd Respondent’s bias was exposed by the inadvertence of its officials. Even though the incumbent Governor of Lagos State Bola Ahmed Tinubu had been declared re-elected as Governor of Lagos State another result showing the PDP governorship candidate as winner of the gubernatorial race, with more than one million votes credited to him, was posted on the INEC Website. The Petitioners shall contend that the emergence of two different results on the same election showed that there was a pre-prepared result which was favorable to PDP and which was released to the Website by officials who did not know that the rigging collusion of the INEC and PDP which had succeeded elsewhere, had failed in Lagos.

(f) In Anambra State, the Resident Electoral Commissioner returned three PDP winners of the three senatorial seats although the PDP had no candidates’ at the election, a court having decided that the candidates fielded by the party were ineligible. The State Electoral Commissioner arbitrarily substituted the three disqualified senatorial candidates with three names of persons who did not contest the election, even though nominations had closed, and ordered that they be returned as winners in order to fulfill the rigging pact of returning PDP candidates for the three seats in the senate. The petitioners plead those facts herein, although they occurred in another election, as facts establishing official bias in favour of the PDP as a party, and for all elections including the Presidential election.

(g) The 3^rd Respondent in all the states agreed with condoned or connived at the 1^st Respondent’s employment or deployment of armed military and police personnel for the purpose of intimidating the electorate during the election in a purely civil situation, and in the absence of breakdown of law and order.

(h) The National Chairman of the 3^rd Respondent Dr. Abel Guobadia described the 1^st Petitioner as “a frustrated man” in spite of the corroboration of the 1^st Petitioner’s complaint by both domestic and foreign observers. The Petitioners contend that the Chairman of the 3^rd Respondent became a judge in his own cause on the issue of the activities of his commission’s field officers because of existing bias against the 1^st Petitioner and his party the 3^rd Petitioner.

(i) The Petitioners shall lead evidence to show further elements of bias in the Independent National Electoral Commission all over the country whether herein specifically pleaded or not.

15. Your Petitioners plead that the bias manifested by the INEC was guaranteed by the circumstances of the appointment of its major members and the Resident Electoral Commissioners by the 1^st Respondent who made sure that only those whose allegiance to him and the PDP (not to the nation) can be taken for granted were appointed. Some examples are hereunder given.

(a) The Chairman of INEC Dr. Abel Guobadia was the Assistant Secretary to the National University Commission (NUC).He was compulsorily retired after being indicted for a massive fraudulent conversion of the commission’s funds. The Petitioners plead that this fact was not declared to the senate when his appointment was ratified. His appointment by the 1^st Respondent as the Chairman of INEC has evoked a measure of gratitude to the 1^st respondent that has translated into election malpractices as a reciprocal pay back.

(b) Furthermore, your Petitioners plead that most of the Resident Sate Electoral Commissioners have personal relationships with P.D.P. leadership cadre, and were appointed as a result of such relationship. For examples.

(i) The Resident Electoral Commissioner (hereinafter REC) for Katsina State is Mr. Ogbeh, a full brother of the National Chairman of the PDP. He was appointed after Chief Audu Ogbeh became the National Chairman of the PDP.

(ii) The REC for Gombe State, Alhaji Gidado Abubakar is a full-fledged well-known member of the PDP. His wife is a full sister to the wife of the 2^nd respondent Alhaji Atiku Abubakar, and was transferred from Kaduna State to Gombe State for what has now been seen to be a special assignment in favour of the PDP.

(iii) The R.E.C. for Kogi State Alhaji Suleiman Bello contested the Governorship primaries of the PDP in Zamfara State in 1999, failed, and was later “settled” with the appointment.

(iv) The REC for Kaduna State Alhaji Aliyu Marafa was also a contestant in his state primaries of the PDP in 1999 and was also “settled” with the appointment as REC. The petitioners shall at the hearing lead evidence of more Residential Electoral Commissioners who are members of the PDP or directly related to members of its leadership group either by sanguinity or affinity.

(v) Mr. John Nwosu, a Resident Electoral Commissioner, is a full-blooded cousin of Chief Achike Udenwa, Governor of Imo State. Both hail from Orlu L.G.A. though from different towns. Mr. Nwosu is a well-known P.D.P. Chieftain in the area.

16. Apart from the facts above pleaded, the Independent National Electoral Commission Act under which the Chairman, the Commissioners and the Resident Electoral Commissioners in the States were appointed provide in Section 44 for an Oath of office to which each of the officers was to subscribe before assumption of office. Although they all subscribed to an oath, the Petitioners shall contend that such Oath ought to have related to the principles of the responsibility they were to perform, which are to be neutral and fair in the performance of their statutory functions. But the 1^st Respondent swore them on the Oath provided for Governors under the 1999 Constitution thereby leaving them uncommitted to the neutral role they were expected to play, and uninhibited by moral or religious injunctions in the extensive electoral malpractices which they perpetrated, or over which they presided.

17. The Petitioners plead and shall contend that, based on the facts above pleaded, and shall hereafter be pleaded, the 3^rd Respondent and its personnel in the States and Local Government Areas conducted the election in a manner that created privileges and advantages to the People Democratic Party (PDP) and its candidates, to the detriment of the Petitioners and other parties and their candidates, thereby manifesting a discriminatory attitude in its, or their application of the Electoral Act 2002, in the conduct of the election contrary to section 42 (1) (b) of the 1999 constitution of the Federal Republic Of Nigeria.

18. The Petitioners therefore plead that all the vitiating elements pleaded above having rendered the Presidential election of 19^th April 2003 null and void, the election is invalid.

19. In addition to the vitiating status, conduct and acts of 3^rd Respondent, your Petitioners plead that the election was marred by widespread violence, executive intimidation, and electoral malpractices such as entry of fictitious figures into result sheets at the different stages of the elections, barring of agents of political parties and candidates other than those of the PDP from collation centres (where such centres were allowed to exist), pre voting time finger printing of ballot papers, snatching of election materials by thugs for stuffing outside polling stations, and other pronounced irregularities details of some of which are hereunder pleaded.

20. The 1st Respondent unconstitutionally applied his executive powers to intimidate the Petitioners and the electorate and electoral officers, before and during the election. By a letter dated 16^th April 2003 the 1^st Respondent expressly threatened the 1^st Petitioner with the might of his executive powers. The letter is hereby pleaded and shall be founded upon.

Three days to the election the 1^st Respondent called out Armed personnel of the Armed Forces to show those who dared oppose his second term bid the might at his disposal, and to discourage resistance to the planned malpractices that the Respondents collusively perpetrated with the 3^rd Respondent throughout the country. The 2^nd Respondent even made a broadcast on radio urging to the soldiers and his party loyalists, to mount roadblocks. The broadcast was heard in many states of the North-East and North –Central geographical zone of the country.

The 1^st Respondent did not follow the constitutional process in calling out the troops who were seen on Election Day, in concert with the armed mobile Police Units, aiding and abetting election malpractices in favour of 1^st and 2^nd Respondents.

20A. The Petitioners shall contend that where the call out of the armed soldiers and police is justified then the situation was not conducive for the handling of a free and fair election.

31(a) The Presidential election held on 19^th April, 2003 in Cross River State of Nigeria was characterized by hijacking of Ballot boxes election materials, proxy voting, absence of voting materials, absence of INEC staff, disruption of voting, returned tally sheet not present at the voting centre, stuffing of ballot boxes, violence and intimidation in virtually all the polling stations of the various local government Area.

At the Presidential election on 19^th April, 2003 at Akankpa LGA Cross River state, the Electoral Officer failed to supply election materials to the polling stations in the Local Government Area. The electorate voting public insisted on production of result sheets before any voting could take place. The alteration of that followed resulted in the death of people and the destruction of property, which prevented the elections from holding. There was also the deployment of officers of the Nigerian Army, Navy and Mobile police. These officers intimidated and harassed all ANPP and other party agents except that of the PDP. The PDP agents also hijacked and stuffed ballot boxes. The petitioner shall rely on all written petitions, protests and complaints forwarded by ANPP agents and members to the INEC and security agencies.

On the day of the presidential election of 19^th April, 2003 at the Calabar Municipality Council, Cross River State, the Electoral Officer failed to supply voting materials including result sheets and so the Election did not hold. Besides there was disruption by PDP thugs with the assistance of armed personnel such as Army, Navy and mobile policemen. There was also the hijacking of ballot boxes and stuffing of same by PDP agents and members assisted by uniformed personnel.

32. The wrongful announcement of the government owned radio station (Cross River State Radio) from 12 noon of Thursday, April 17, 2003 to the morning of Saturday, 19^th April, 2003 repeatedly broadcasted the purported disqualification of the ANPP Governorship – gubernatorial candidate Chief John Okpa who happens to come from the Central Senatorial Area, a stronghold of ANPP. The state Government collaborated with INEC in showing bias towards the petitioners and this resulted in voters not coming out to exercise their civic rights of voting for the petitioner. The ANPP gubernatorial candidate of Cross River State protested the violation of the provisions of the Electoral Act 2002, in a letter dated 19^th April, 2003 and addressed to the Resident Electoral Commissioner (INEC Cross River State). He stated that the violation substantially affected the result of the presidential election as voters who could have voted for the petitioners at the election were forced to stay away. The said letter or copy therefore shall be reached upon at the trail of this suit and the Resident Electoral Commissioner (Cross River State) is hereby given notice to produce the said letter at the trail.

33. In Cross River State, there was massive ballot stuffing; multiple thumb printing by PDP agents and the use of private residences of government officials, particularly the transitional local government chairmen as collation centers was the order of the day. Also INEC failed to provide original result sheets as reported in all other polling stations throughout the Central Senatorial Area.

34. In Cross River State there was total non-compliance with the provisions of the Electoral Act in that regardless of the actual vote count at the polling stations, non-led the legally acceptable instrument of recording results. Thus the PDP members in collaboration with INEC used their offices, hotel rooms and private residences as polling stations to wrongly fill into the original sheets, which had been provided them (availed) by INEC officials who accepted the result.

The substantial non-compliance with the Electoral Act also manifested in the fact that elections in Cross River State ought to have been held at the polling station in the full view of the public and by open secret ballot. The agent of the 1^st and 2^nd Respondents and the PDP got INEC to announce results based on the wrong entries in the original result sheets gotten from places other than polling stations.

35. The petitioners shall at the trial rely on the European Union Election Observer Mission Report dated 22^nd April, 2003 which reported that ballot stuffing wrong change of results and other irregularities were observed in Cross River State. In Cross River State in Calabar municipality, one party agent and the presiding officer were seen stuffing ballot boxes when the European Union (EU) observers arrived Cross River State also witnessed wrong entry of result sheets with wrong figures.

In Cross River State, the petitioners adopt the grounds of the petition in Rivers State as set out and outlined in this petition and that it may be determined that the election of 1^st and 2^nd Respondents at the April 19, 2003 presidential election is void and that the presidential election in Cross River State declared void on the ground that it was not conducted substantially in accordance with the provisions of the Electoral Act 2003.

37. The presidential election held in Akwa Ibom State on 19/4/03 was characterized by malpractices and irregularities and acts of non-compliance with the provisions of the Electoral Act. Voting materials were not sent to the polling stations, but diverted to private homes used as polling stations.

38. The non-compliance to the Electoral laws, the corruption of the electoral system, the perversion of the courses of justice and fairness relates back to a meeting that took place at the Banquet Hall of the Government House in the early hours of April 19, 2003. At that meeting, officials of the ruling Peoples Democratic Party (PDP) and forty (36) soldiers from the 6^th Motorized Battalion, Ibagwa, Abak, led by the Commanding Officer, Lt Col S. A. Songonuga thumb-printed the materials, allocated voting figures and made up election results in favour of the PDP. Later that same day the results as misrepresented were submitted to the INEC office in Uyo. For the purposes of these exercises, the officers and men of the 6^th Motorized Battalion, Ibagwa, Abak had left their Barrack in Ibagwa at about 1.00 am on April 19, 2003 and arrived Government House, Uyo, at about 2.00 am. The exercise lasted between 2.30 am and 5.30 am on April 19, 2003.

39. The Commanding Officer posted the soldiers to the various local government areas and ordered them to report to the PDP liaison officers in their areas of posting. The Commanding Officer told his officers and men that the PDP liaison officers in their areas of posting had already been instructed to receive them. The leaders of the team were instructed to collect N200,000.00 from the PDP officers in the area. This was the background against which the Presidential elections took place in Akwa Ibom.

40. The list of soldiers who took part in the meeting, the thumb printing of the ballot papers and the misrepresentation of the election results is shown below.

41. In the course of a tour of some LGAs, which included Etim Ekpo the Resident Electoral Commissioner of Akwa Ibom State found in the house of Barr. Chris Okorie of PDP about 70 (seventy) ballot boxes, several election materials, some electoral personnel two (2) of whom he personally brought back to Uyo for questioning. The electoral personnel arrested at the PDP private voting and collation centers were released the same day and no further actions were taken.

41. The Etim Ekpo LGA results obtained from illegal private centres used as polling stations were collated. As with the other LGAs, it did not matter what results were obtained or where they were obtained from, the results that would be published had, earlier on in the day of presidential election, been computed at the Government House Uyo. These were the results that were then distributed to the Local Government Area field officers to be copied into the relevant forms. The Electoral Officer of Etim Ekpo LGA failed and or neglected, presumably deliberately, to supply voting materials direct to the polling stations.

42. In Oruk Anam LGA, the Electoral Officer Mr. Huen publicly called off the election and announced that the election was inconclusive. Yet at the State collation centre, Uyo, the Resident Electoral Commissioner, as the Returning officer announced election results and return for Oruk Anam LGA. This result was included in the final figures of the Presidential election.

43. In the Nsit Ubium L.G.A. the A.N.P.P was recorded as having scored two (2) votes only even though the party’s Governorship candidate comes from that Local Government Area. This is incorrect and unusual. Elections were not held at all in this LGA as all the ballot boxes, all the electoral materials had been hijacked by PDP agents and diverted to the private residence of a PDP stalwart, retired Inspector General of Police John James.

44. Other sets of voting materials in the physical possession of INEC agents under the protection of security agents, were traced to the residence of a serving Nigerian Ambassador and a stalwart of the PDP Ambassador Edem.

45. Petitioners will rely on a video tape recording showing INEC agents, accompanied by security agents in possession of electoral materials at the residences of the said John James and Ambassador Edem.

46. Voting materials in Ika LGA were sent to the polling units but the result sheets meant to accompany the materials were deliberately withheld by the Electoral Officer at the Local Government Headquarters. The Electoral Officer also refused to allow the ward returning officers with the collation materials and result sheets out of the Local Government Headquarters. Consequently results were neither collated and entered nor announced at the polling units and the Ward Collation Centers. Most of the voting materials meant for the polling stations were diverted by armed thugs and escorted to the residence of Dr. Francis Udoikpong the former Local Government Chairman. It took the intervention of soldiers to recover some of the boxes but the thugs escaped with the materials. No results were declared in any of the wards in this L.G.A.

47. The electoral officer in Ikot Abasi LGA did not supply voting materials and result sheets to polling stations. Instead there were massive diversions of materials by armed Police and Military escorts to Green Star Hotel Ikot Abasi where fake results were procured, particularly for Ikpa Nung Assang Wards 1 and 2. Other results from some of the few units where actual results were obtained were collated at this private center and entries altered in favour of PDP. All of these atrocities were perpetrated under the direction of Barrister Uwen Ekanem.

48. All the materials in Uruan LGA were diverted by Mr.Orok Orok, Chairman Transition Committee with the active collaboration of armed soldiers to the residence of Mr. Bassey Etim a PDP member in Uruan. It was here that the records were falsified and wrong entries of figures made and announced. The ANPP agent at the Local Government Area collation center, Mr. Chris Mfon Effiong was ordered to be beaten and marched out of the center by the Electoral officer. There was no formal voting in this L.G.A.

49. In Ibesikpo/Asutan LGA. Obong Victor Attah of PDP literally took over the conduct of elections with the connivance of the police, military and paramilitary operatives who physically manhandled ANPP members and agents. The materials were diverted to the expansive residence of the Village Head of Nung Udoe, Chief Ita Etuk. The electoral officer did nothing and the Returning Officer accepted the results from the L.G.A.

50. Nsit Attai LGA. Major-Gen. Edet Akpan (rtd.) of the PDP, with the active support of armed soldiers and thugs, carted away election materials in this Local Government Area to his residence for the purposes of manipulating the result of the election. Some of these thugs were arrested with their arms and taken to Uyo. They left in their trail a lot of ANPP members severely wounded and hospitalized. The electoral officer, despite persistent complaints, did nothing. There was no formal voting in this L.G.A.

51. In the Mbo LGA. it was the Local Government Council Transition Chairman who personally distributed election materials to persons of his choice. These materials later found their way to the said Chairman’s house where the “voting” and its falsified result for the L.G.A. took place.

52. In Okobo LGA, election materials were delivered into the ready and waiting hands of the Chairman Transition Committee, Mr. Aya Ewa who cordoned off the INEC office with armed soldiers and personally directed the diversion of the materials to his personally designated “voting units”.

53. The materials for Ekeya Ward were diverted to the private residence of a PDP leader, Chief Okokon Antigha. Materials for Nung Atai/Ube ward 1 unit 3, Nung Atai/Ube II unit 4 Eweme ward 1 unit 6 Eweme ward II unit 7 were loaded into the boot of the official car of the said Transition Chairman who diverted them to his private residence in Ebighi Edu. Voting materials for Offi wards I and II were diverted by Friday Antai and Felicia Bassey (a policewoman attached to Cross River State Command) to Urue Ita for manipulative voting under the escort of armed soldiers. The Electoral officer was aware of all these facts and, despite persistent complaints from ANPP members, did nothing.

54. In Urue Offong/Oruko LGA. The entire election materials were diverted under armed security escort to the private residence of Dr. Esio Okwong Udo of PDP where illegal entries were extensively made. Elections did not take place here at all. The Electoral officer took no action on this.

55. The trial, the Petitioners shall rely on protest letter dated 28/4/2003 on the presidential election written by Akwa Ibom State Chairman of ANPP to the Resident electoral Commissioner Akwa Ibom State. The Resident Electoral Commissioner Akwa Ibom State is hereby given notice to produce the said letter at the trial.

56. In East Obolo, normal voting took place in some parts of the LGA. In Wards 8,9 and 10 of Iko area however, election materials were seized and diverted by Dr. Charles Mbong, the PDP Chairmanship candidate with the connivance of the police, military and paramilitary operatives to his residence for thumb printing and stuffing of ballot boxes.

57. In Mkpat Enin LGA. Elections were not held GA as Hon. Bernard Udoh and Barrister (Mrs) Ebe diverted the election materials to their private residences under police and military escorts. In the course of their nefarious activities as just noted, both Hon. Bernard Udoh and Barrister (Mrs) Ebe discouraged any interference with their activities by shooting indiscriminately in the air.

58. The Petitioners shall contend that apart from the malpractices that occurred in Akwa Ibom State which made it impossible for voting to take place in a vast majority of the wards in the local government areas in the state the facts expose non-compliance with the provisions of the Electoral Act, significant element of serious corrupt practices, bias and discrimination by INEC, its officials and agents, in favour of the P.D.P.

59. At the trial, the Petitioners shall rely on protest letters, particularly dated 28/4/2003 on the presidential election written by Akwa Ibom State Chairman of ANPP to the Resident electoral Commissioner Akwa Ibom State. The Resident Electoral Commissioner Akwa Ibom State is hereby given notice to produce the said letters at the trial.

RIVERS STATE: FACT AND PARTICULARS OF MALPRACTICES

60. On Saturday 19/4/2003 when the presidential election held, there was no election at Ogulibolo Local Government Area of Rivers State. There are 12 wards in Ogulibolo L.G.A and none of these wards received voting materials.

61(a) On Saturday 19/4/2003 day of the presidential election, at Isiokpo ward one in Ikwerre LGA, there were no result sheets i.e. statement of result of poll form EC.8A to record the result, which was seventy percent in favour of 1^st and 2^nd Petitioners. Also in Omerulu ward 5, the 1^st and 2^nd petitioners won in the Presidential Election in all the polling stations but results were not recorded because there were no result sheets supplied the 85^th Respondent, having disappeared. The 2^nd, 3rd, 84^th and 85th Respondents wrongly failed to supply the statements of result sheets and other voting materials at Iisokpo ward one and Omerulu ward 5 and in ward 6, Apani. The petitioners shall at the end rely on protest letter dated 21/4/2003 signed by the party chair man of Ikwere L.G.A chapter of the ANPP written to the resident Electoral Commissioner who is hereby given notice to produce the signed letter at the trial. Also letter dated 19/4/2003 by the chairman ANPP ward 6 Apani to 84^th Respondent shall be relied upon and 35^th Respondent is hereby given notice to produce same at the trial.

(b). At Ubima ward Ikwere LGA, presidential election did not take place on 19/4/2003 as election materials were not supplied by the, 3^rd, and 84^th Respondents.

62. There was no presidential election on 19/4/2003, at Opobo/Nkoro LGA. The Polling stations result sheets and wards collation sheets were not made available by the 3^rd, 5^th, and 86^th Respondents at the designated polling stations. The petitioners shall at the trial lead evidence to show that the voting materials were diverted to locations outside the polling stations where elections were purportedly held.

63. In Tai LGA, the agents of the petitioners were driven away and only the P.D.P agents were allowed to stay at the polling stations and collation centres. The petitioners shall rely on report by the polling agents of petitioners in Rivers State. The 87th Respondent excluded agents of the petitioners from participating in the election at Tai L.G.A Rivers State. Also there were no election materials and ballot boxes were taken away to unknown destinations.

64. In the presidential election at Abua/Odual LGA, the 88^th Respondent excluded agents of the petitioner from participating in the conduct of the election. The petitioners rely on the above-mentioned report of the Polling Agents in Rivers State. Election did not hold at Abua/ Oddual L.G.A on 19/4/2003. The 88^th respondent Mr Mgbere recruited members of P.D.P as INEC Ad-hoc staff for the election instead of teachers’ and civil servants as in previous elections. The 88^th Respondent with the assistance of security agents chased away agents of the petitioners and those of other political parties except those of the PDP in the distribution, of election materials. The 88^th respondent disappeared with election materials meant for polling stations in Abua/Odual LGA to an unknown destination. Voters waited endlessly in the thirteen wards of Abua /Odual LGA to vote but voting materials were never delivered to the thirteen wards aforesaid. The people of Abua/ Odual LGA wrote a letter of protest to the 35^th respondent dated 19/4/2003 which said letter or copy thereof will be relied upon by the petitioners at the trial. The 35^th respondent is hereby given notice to produce the letter at the trial.

65. On 19/4/2003 the election in Port Harcourt LGA was characterized by stuffing of ballot boxes, exclusion and chasing away of petitioners agents by hired thugs of the 1st and 2^nd respondents, and the taking away by force of voting materials including result sheets as hereunder stated.

(b). In Ward 8, the thugs of the 1^st respondent barricaded the polling stations and the agents of petitioners were refused entry.

(c). In Port Harcourt LGA Wards 5 and 7, voting materials and result sheets were taken away by hired guards. The petitioner agents reported to the Police but the Police took no action.

(d). In Ward 16, previously thumb printed ballots papers were stuffed into ballot boxes outside polling stations by thugs and agents of the 1^st and 2^nd respondents.

(e). Ward 20 is the largest indigenous ward in Rrivers state with a voting strength of 45,000 people. They were not allowed to vote. In Abua Odua, one of the communities in ward 20, agents were thoroughly beaten up by 1^st and 2^nd respondent’s agents and thugs of the PDP. Not even a single result sheet came from Abuloma, which has about 25 voting stations.

(f). The 2^nd, 3^rd, and 89^th respondents failed to supply voting materials to the above mentioned wards in Port Harcourt city LGA. Hence elections were not conducted at polling stations.

(66). In Obio/ Akpo LGA, agents of petitioners were excluded from the polling stations and wards by the 90^th respondents to the prejudice of the petitioners, and contrary to the Law and Guidelines.

(67). In Ahoada-West Local Government Area at the presidential election, the 3^rd, 4^th 36th^and 87^th Respondent failed to supply results sheets at the polling stations such that wrong figures of election results were arbitrarily declared in favour of the 1^{st and} 2^nd respondents to the prejudice of the petitioners.

(68). In Eche LGA at the presidential election did not hold. Only ballot papers without statement of poll result sheet were distributed by the 92^nd Respondents (Mr.Sekibo). The ballot papers were hijacked at gunpoint by agents and thugs of the 1^st and 2^nd Respondents and the PDP with the collaboration of the Nigerian Police and soldiers at the polling stations. No agent of the petitioners or members of ANPP saw where voting took place throughout Eche LGA. The lodge of the Rivers State Commissioner for Education at Umunyagu, Mr Onyeso, became the illegal collation center instead of Okeli the LGA headquarters although elections did not take place at the polling stations. The ANPP chairmanship candidate for Eche L.G.A namely Mr. Donatus Omuli, who witnessed the incidentn lodged a complaint with the Divisional Police Officer at Okeli. This report shall be relied upon.

69.(a) In Degema LGA of Rivers State, no elections were conducted at wards one to seventeen. Most of the Ad-hoc staff employed by the 3^rd respondent to conduct elections in wards (1 –17) were ghost workers nobody saw them at their supposed places of work. But the ones who were seen were known members of the PDP. For example, the outgoing councilor of Ward 2 Hon. Tamunoibi Igbanibo was the supervisor of ward 2 Degema, Hon. Tonye Harry the deputy speaker House of Assembly and Hon. Ene Dateme were co-coordinating and collating INEC result with the Police.

(b). The collation officers were kept at the Governors’ Lodge Degema by the agents of the 1^st and 2^nd respondents and election results prepared and entered in their favour at the location.

(c). The 93^rd Respondent did not supply result sheets in the aforesaid Wards, as election did not take place in those wards.

(d). Election results were not collated and announced at the different polling stations and wards, but centralized at the Rivers state Governors Lodge Degema, which was not designated electoral center.

(e). The agents of the 1^st and 2^nd respondent and members of the ANPP who turned out to vote at the polling stations were beaten up thoroughly and driven away. The Degeme LGA ANPP Party chairman/ Agent of the petitioners wrote a protest letter to the Resident Electoral Commissioner River State (i.e. 35^thRespondent) dated 19/4/2003 listing the above irregularities. The letter was received at the office of the 35^th Respondent. The Petitioners shall rely on the said letter or copy thereof at the trial. The 35^th respondent is hereby given notice to produce the said letter at the trial.

(f). In Bukura, the PDP boats used by precious Elekina and Somina Elekina both of which were associates of Rivers State Governor Peter Odili, diverted the election materials to unknown destinations.

(g). The Agents and thugs of the 1^st and 2^nd respondents terrorized, intimidated and harassed agents of the petitioners with unparalleled display of sophisticated weapons arms and ammunitions mostly through the help of the Police and the Army.

(h). In Degema-Tombia, security personnel assisted thugs and agents of the 1^st and 2^nd respondents in perpetuating irregularities mentioned above.

(i). In a letter dated 19/4/2003 addressed to the Electoral Officer Degema L.G.A (i.e. 93^rd Respondent) and the Commissioner of Police, Rivers state, the ANPP House of Assembly Candidate protested the events of the presidential election in Tombia. A large number of voters were scared away by hired and violent thugs of the 1st and 2^nd respondent and the PDP. The 93^rd Respondent received the said letter is hereby given notice to produce the same at the trial.

70.(a) In Bonny LGA, dynamite (3 no )was thrown at INEC office by agents and thugs of the 1^st and 2^nd respondents before election materials were to be issued. There was also random shooting all over by the agent of the 1^st and 2^nd Respondents. This scared the agents of the petitioner and parties other than the PDP thereby giving the agents of the 1^st and 2^nd respondent the freedom to perpetrated malpractices. The election materials for Finima Bonny were taken to the house of John Jumbo along Hospital Road where results were compiled for the election. Agents of the 1^st and 2^nd petitioners were chased away from all poling stations resulting in the non-holding of election in Bonny LGA.

(b). INEC Officials and security operatives, particularly the Police (mobile and regular) in Bonny LGA. Participated in the malpractices. In the course of sporadic gunshots, there was change of staff in favour of the PDP and absolute hijacking of election materials from INEC office to Government House (opposite INEC on Hospital Road), Bonny where the ballot boxes were stuffed with ballot papers.

(c). By letter dated 25 /4/2003, chairman of ANPP Bonny L.G.A wrote the 35^th respondent to protest the non conduct of election in Bonny LGA. The petitioners shall rely on the said letter and the 35^th respondent is hereby given notice to produce same at the trial.

71. In Emohua LGA, neither the forms EC.8A, EC 8B, EC.8C nor EC.8D, were made available by the 95^th Respondent until the announcement of the result came the next day Sunday 20^th April 2003. Because of the absence of result sheets, some wards never voted. Where there was voting, ANPP won as declared by the units presiding officers. There were also intimidation and harassment of ANPP agents and members by Police and Soldiers. PDP members with guns were ignored by these security personnel.

72. In Andoni LGA, agents of ANPP and members were chased away right from their homes by the PDP supporters urged on by the Governor of Rivers State, Dr. Peter Odili who is a native of the LGA. Consequently, the 96^th Respondents handed over election materials to PDP agents, officials and supporters who proceeded to thumb print and fill in the result sheets, as they liked. No voting materials were taken to the polling stations.

73. In Asari LGA, no elections were held. All the result sheets were forcefully collected from the supervisory presiding officers at gun point by agents and thugs of 1st and 2^nd respondents and the PDP with their militia groups armed with AK 47 riffles. The acts were perpetuated on the instructions of the PDP stalwarts namely: Chief (Dr) Ombo Isokarori, Dr. (Mrs) Dons Fisher, Chief hon. (Dr) Diamond Tobin-West, Hon. (Dr) Emi Menbere-Otaji and Chief (Hon.) Pawari Samuel Horsfall. These persons made normal election impossible.

74. In Gokana LGA, voting did not take place at the polling stations. Ballot papers and the result sheet meant for voting centres were not given out at the polling stations by the 100^th Respondent. At the LGA collation centre Kpor, already prepared results were entered into the LGA result sheet with the assistance of the paid security personnel, in spite of protests by other parties.

75. The purported presidential election in Rivers State was characterized by unprecedented anomalies. For example, the ANPP was recorded as having scored no votes in some Local Government Areas even though they have members and candidates in those places. Also the difference between presidential and governorship votes was unusual given that both ballot papers were supposed to be given to each voter at the same time. Also unusual was the voter turn out as recorded which surpassed that of any election in world political history. The petitioners shall in addition to the facts above pleaded rely on those obvious anomalies to show that the figures from River State purported to be election results were deliberate entries of elections figures in the result sheet, and not results emanating from the polling units.

76(a).The petitioners further plead the unusual parity in the total votes cast for the presidential and governorship elections in Rivers State. In the Presidential election, the vote recorded as cast is: 2,172,682 and void votes are 4,357. The governorship election recorded exactly the same figure as cast and void.

The votes recorded as cast for the presidential and governorship election did not correspond with the total number of votes recorded as cast in all the Local Government Areas of the state. The forms EC8A, EC8B and EC8C from all the Local Government Areas, are hereby pleased. The petitioner contends that;

(i) the un-usual coincidence of parity in the number of votes cast and the number of votes voided exposed the fact of arbitrary allocation of votes purporting same to be the result in the presidential election and

(ii) that the total votes from EC8Cs having not corresponded with the form EC8D for presidential, the presidential election result is invalid, and should be nullified by the Court of Appeal.

77. The petitioner shall also rely in the reports on the presidential elections issued by the electoral observation groups.

78 At the Presidential election held on Saturday, 19^th April, 2003 at Bayelsa State, voting did not take place in almost all the wards of the Local Government Areas of Bayelsa State. Where voting took place, result sheets were not provided by INEC officials. This tactics enabled INEC / Returning Officers to enter wrong result figures at their will and at their homes. The facts of some of the events are hereunder stated:

79(a) In Ogbia LGA, two sets of materials were distributed. One set was dispatched to the INEC while another set was dispatched to Otuoke, the State Deputy Governor’s country home. Even before materials were distributed to the officials the next day, thumb printing had begun in the Deputy Governor’s house at Otuoke with the collaboration of the Electoral Officer for Ogbia LGA, the 101^st Respondent.

(b) By the 15th April, 2003, hundreds of well armed agents of 1^st and 2^nd Respondents and PDP thugs were already present at Ogbia Town, shooting and terrorizing citizens, thereby forcing ANPP voters, agents and supporters to hide away in their homes for fear of losing their lives to this enabled the PDP to them encounter no opposition on election day.

80(a) In Southern Ijaw LGA there was serious firing of pump action guns and riffles (AK-47) by PDP agents and thugs who also used grenades, pistols and dynamites to scare away ANPP agents, supporters and members. In the process of violence by the P.D.P. the casualties were over 10 dead bodies, wish 50 people seriously injured. Among the dead so far identified are:

The injured were treated at the Federal Medical Centre,Yenogoa.Many persons are still missing .Those who instigated the shooting were Mr.Ebifiemowei who was personally armed and was firing sporadically,and the Attorney-General Mr. Talford Origolo.

(b) The arsenal of the P.D.P. thugs/operatives were kept in the house of one Mr.Eleazer Gbeinbo at Oporoma. Most of the Army and mobile police uniformed thugs were also camped there.

(c) The Electoral Officer of Southern Ijaw LGA collaborated with the agents of 1^st and 2^nd Respondents and PDP thugs in not supplying the voting materials and result sheets to the designated polling stations. Rather the Electoral Officer disappeared with PDP stalwarts’ to their houses and places with the voting materials including the result sheets.

(d) Other persons who were shot by agents 1^st and 2^nd Respondents and PDP thugs at Oporoma Southern Ijaw LGA Bayelsa at the Presidential Election on 19^th April, 2003 and treated are: Kemesudei Basso, Raphael Jonathan, Meshack Moses, Nelson Bolouekiye and Musa C. Paul whose medical records will be tendered at the hearing.

81. In Sagbama LGA PDP youths wearing white T-Shirts and armed with powerful AK-47 assault riffles shot in the air endlessly. This scared away agents, members of ANPP, the general public and supporters of other political parties who escaped from Sagbama. The Electoral Officer Sagbama LGA did not supply voting materials but collaborated with P.D.P members and agents in diverting the materials to Government House, Yenagoa and private houses and homes where ballot boxes were stuffed.

82. The Bayelsa State Governor, D.S.P. Alamieyeseisha declared war on the people of Ekeremor LGA resulting in intimidation and harassment of voters who carefully ran away from the voting stations to preserve their lives. The Electoral Officer of Ekerenor LGA did not supply voting materials at the designated polling stations. Rather the materials were diverted by the Electoral Officer and PDP thugs and agents to private houses in Ekerenor Town, especially the home of Christopher Erai and the PDP caretaker (Transitional) Committee Chairman, Mr. Jonah for completion. Not a single material left Ekerenor to any ward in Ekerenor LGA.

83. In Kolokuma/Opokuma LGA heavy shooting of guns was used to drive away other party members from Koiama, and whatever materials were available were carted away for the thumb printing and filling of results. The Electoral Officer i.e.105^th Respondent did not supply voting materials to the designated polling stations. Rather they were diverted to private homes and the result sheets thumb printed in houses and homes and results arbitrarily wrongly declared in favour of 1^st and 2^nd Respondents.

84. The Petitioners shall contend that the atmosphere generated by the Agents of the 1^st and 2^nd Respondents, their sponsoring Party the P.D.P, the Governor of Bayelsa State Chief D.S.P. Alamieyeseiha, the P.D.P thugs and the collusive and collaborative military and police Personnel, by the level of violence unleashed on Bayelsa State citizens was not conducive for any genuine electoral process. The Petitioners shall therefore contend that coupled with electoral malpractices and non-compliance with The Electoral Act, the Presidential election results from Bayelsa State are fictitious and thus invalid.

TARABA STATE: PARTICULARS OF IRREGULARITIES

85. The petitioners aver that all the Local Government Returning Officers employed by INEC are close friends and associates of Governor Jolly Nyame of the PDP and, by extension supporters of the 1^st Respondent who couldn’t have conducted, organized and supervised a free and fair election in Taraba State. These are, Joshua A. Garba, Mamman Kefas, Denis Lesemso, Kabiru Yaro, Barrister Magaji Aji Engineer P.K. Yamusa, Akilu Hamza, Daniel T. Garba, Mohammed Gambo Yakubu Deviance A. Amadu, Ahmed Alh. Idris, David Sule Dawarga, Danjuma Garba, Yusuf Gadi, Geoffrey Amity Daniel, Bello Bakar, Habibu Lau, & Mohammed Ali. The 3^7th Respondents is hereby put on notice to produce the list of the Returning officer for all the Local Government Areas of Taraba State as same will be relied upon by the petition.

86. The petitioners aver that in Jalingo Local Government Area of Taraba State no ballot boxes, ballot papers or any election materials were taken to most of the polling units of all the wards in the Local Government Area. Yet the Respondents deliberately entered results. The petitioner will found on the ballot papers, register of voters and the forms EC8B for all the wards and EC8C for the Local Government Area, and hereby put the 37^th Respondents on notice to produce them at the trial of this petition.

87. Further to the government above, the petitioners state that the 37^th Respondent and his officers unlawfully supplied ballot papers to senior Government officials of Taraba State and some PDP functionaries which they thumb printed and stuffed in the ballot boxes. The petitioner will lead evidence that the ballot box stuffing by Government officials and PDP functionaries was the order of the day throughout the Local Government Areas of the State on the 19^th April 2003 presidential elections.

88. The petitioners aver that in Sardauna And Yoro Local Government Areas, ballot boxes of the units were already stuffed with ballot papers as early as eight o’clock in the Morning of April 19^th, even before elections started. The petitioners further aver that their agents were driven away and incorrect results entered in favour of the 1^st Respondent and his party (the PDP) in the ward collation centres. Any signatures purported to be those of ANPP agent on the result sheets are incorrect and false.

89. The petitioners further aver that all the results entered in favour of the 1^st Respondent were not as a result of election in the real sense of it. The petitioner will at the trial of this petition rely on the forms EC8C of all the Local Government Areas of the State and hereby put the 2^nd Respondent on notice to produce them at the trial of this petition.

90. The petitioners aver that Police and the Military personnel, the Taraba State Senior Civil Servants of the Rank of Directors, Permanent Secretaries and Heads of Boards and parastatals and Local Government Transition Caretaker Committees were those that actively rigged the elections in favour of the 1^st and 2^nd Respondents and their party (the PDP) in Taraba State. The petitioner further avers that the senior civil servants from each Local Government Areas were sent to their various Local Government Areas of origin, where they collected all voting materials from officials of the 37^th Respondent, and took them to places other than the polling units where themselves, and few others employed by them, thumb-printed the ballot papers, stuffed the ballot boxes and returned the INEC presiding officers who were directed to count same, and the results entered in favour of the 1^st and 2^nd Respondents and their party (the PDP).

91. The petitioners aver that in Ibbi, Wukari Ussa, Takum and part of Donga Local Government Area, Military Personnel were used as ward returning officers. The Military Personnel were also used to force to substitute by force ballot boxes already filled with thumb printed ballot papers in favour of the 1^stand 2^nd Respondents.

92. The petitioners further aver that because the ballot boxes were stuffed with already thumb printed ballot papers in favour of the 1^st and 2^nd Respondents and their party the PDP; the ballot papers in some places far exceeded the number of registered Voters contained in the Register. The petitioner further avers that the result on forms EC8A are not reconcilable with the results recorded in forms EC8BC. The petitioners will at the trial of this petition rely on the forms EC8A, forms EC8B and forms EC8Cfor all the polling units, ward collation and the Local Government collation for Taraba State. The petitioners hereby put the 37^th Respondents on notice to produce them. The petitioner will also rely on the papers used, and hereby puts the 37^th Respondent on notice to produce them.

93. The petitioner avers that in Kabi, Warwar, Mbamga Kune, Lugungo, Barka Mayo-foru and many other wards, ballot boxes, ballot papers and other election materials never reached their official destination and no election was conducted in the various wards on the 19^th April 2003. Yet there was a deliberate entry of wrong results in favour of the 1^st and 2^nd Respondents and their party the PDP. The petitioner will lead evidence to show that all the results entered in favour of the 1^st and 2^nd Respondents were not result of true elections.

94. The petitioners aver that at Chena Police Station one Police man brought over 500 ballot papers already thumb printed PDP, opened the ballot box and put them there. Notwithstanding protest by the petitioners supporters, the presiding officer still counted the already thumb printed ballot papers for the unit.

95. The petitioners also aver that in Mayo-Dole, Jonga Warwar, Mbamaga wards election never took place in the polling units. Ballot papers were just thumb printed in favour of the 1^st Respondents and their party the PDP. The petitioner will lead evidence to show that all the ballot papers used were not thumb printed by individual voters and the results returned were deliberate wrong entries in favour of the 1^st and 2^nd Respondents and their party the PDP.

96. The petitioners aver that the agents and officers of the 3^rd Respondent in Taraba State unlawfully returned a result of hundred percent (100%) participation in Sumiji II ward code 11 of Yoro Local Government Area code 15 in favour of the 1^st and 2^nd Respondents and their party (PDP). The petitioner will found and rely on form EC.8B No. 0000746 for the ward and the petitioner hereby puts the 37^th Respondent notice to produce the originals. The petitioners aver that the 100% entry was a wrong and deliberate effort by INEC officials to assist the 1^st and 2^nd Respondents.

97. The petitioners also aver that the 3^rd Respondents agent and officers in Taraba State retuned a result of hundred percent (100%) participation in Sumbu I ward of Yoro Local Government Area. The petitioners aver that the result as entered on form EC.8B No. 0000749 was a deliberate falsehood. Evidence will be led at the trial to show that the result is just allocation of votes for the 1^st Respondent. The 37^th Respondent is hereby put on notice to produce the original.

98. The petitioners also aver that in Kasa I ward code 01 of Yoro Local Government Area there was no election. Results were just entered in favour of the 1^st Respondent. The 3^rd Respondent’s agents/officers and collation officers allocated the figures. The form EC8B No. 0003853 will be relied upon to show that the 100% participation (voting) was not real. The 3^rd Respondent are hereby put on notice to produce the original.

99. The petitioner also avers that in Akwana ward of Wakari Local Government Area, the 3^rd Respondent’s collation officer of the ward deliberately entered wrong results in favour of the 1^st and 2^nd Respondents. The 100% voting was not real, and the petitioners will lead evidence to show that there was no voting in all the wards. The petitioner hereby puts the 37^th Respondent on notice to produce the original as petitioners will rely on it.

100. The petitioners aver that in Rafin Kada ward of Wakari Local Government Area, there were no elections in the polling units. Results were just retuned and recorded in favour of the 1^st Respondent. The return of 100% voting was not real. The petitioner will found and rely on form EC.8B No. 0000701 and hereby puts the 37^th Respondent on notice to produce the original.

101. The petitioners also aver that further and in addition to facts stated in respect of Yoro Local Government Area, there were cases of result sheets disappearing and resurfacing with results recorded in favour of the 1^st and 2^nd Respondents. The petitioners also aver that in all the 9 wards recorded, there were no elections. The petitioners will lead evidence to show that there were no elections.

102. The petitioners aver that in Manya ward code 07 of Takum Local Government Area of Taraba State, the 3^rd Respondent’s agents/officers deliberately entered fictitious results on form EC.8B No. 0000776. Petitioners hereby put 37^th Respondent on notice to produce same.

103. The petitioners aver that in Kofar Wakili polling station code 003 the collation officer, recorded hundred percent (100%) voting whilst in actual sense no materials even reached the location of election, that is the polling station. 597 votes were recorded out of the 600 ballot papers. The presiding officer recorded three (3) votes for the petitioners. The petitioner will found and rely on form EC.8A No. 0139214 and will lead evidence to show that no voting took place but presiding officers deliberately recorded false result in favour of the 1^st Respondent.

104. The petitioners further aver that in Tikeri I Tanji Haske oo6, Kuna Twami 004, Tikari II 008 Barinya 001, Pati 005 polling stations, there were no elections. Yet the officer retuned a result of hundred percent (100%) voting in favour of the 1^st Respondent as follows:

PRESIDENTIAL ELECTION PETITION

AND

Leading Counsel for the Petitioners

RIVERS STATE: FACT AND PARTICULARS OF MALPRACTICES

TARABA STATE: PARTICULARS OF IRREGULARITIES