Frank Nnaemeka Nweke Jnr V. Independent National Electoral Commission (INEC) & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Abuja in suit No. FHC/CS/1001/2014 delivered on the 15th day of June, 2015.

The appellant as plaintiff at the lower Court instituted an action by an Amended Originating Summons dated and filed on 25th day of February, 2015 asking for determination of the following question.

“Whether having regard to the judgment of Hon. Justice A. F. A. Ademola J. of the Federal High Court Abuja Division, dated the 24 day of November, 2014 in suit No. FHC/ABJ/CS/815/2014 ? Barr. Orji Chinenye Godwin and 2 others vs Peoples Democratic Party and 4 others, the 2nd and 3rd defendants can validly return anybody as the candidate of the 2nd Defendant in respect of the Enugu East Senatorial District without the participation and votes of the Court sanctioned delegates specifically referred to in the said judgment.”

If the answer to the above question is in the negative, the plaintiff (as appellant herein) claims the followings:

?a) A declaration that by the combined effect of the Constitution of the Peoples

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Democratic Party (PDP) and Electoral Act 2010 (as amended) the 2nd and 3rd Defendants cannot make any return in respect of the candidate of the 2nd Defendant for the Enugu East Senatorial District without the participation in the party primaries of the Court approved delegates for Enugu East Senatorial District.

b) A Declaration that the only validly returned candidate of the Peoples Democratic Party (PDP) in the primaries held on Sunday the 7th day of December, 2014 for Enugu East Senatorial District is the Plaintiff.

c) An order directing the 1st Defendant to accept the name of the plaintiff as the candidate of the Peoples Democratic Party for the Senatorial Seat of Enugu East Senatorial District of Enugu State.

The Originating Summons reflected at pages 1 – 8 of Volume 1 of the Record of Appeal is supported by thirty eight paragraphs affidavit sworn to by the appellant.

The 2nd and 3rd Defendants (as 2nd and 3rd Respondents herein) filed a counter affidavit in opposition to the Originating Summons at pages 834 – 849 of the record, volume 2.

?The 4th Defendant (as 4th respondent herein) also filed a counter affidavit opposing the

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