Chief Victor Umeh & Anor V. Professor Maurice Iwu & Ors (2008)

LAWGLOBAL HUB Lead Judgment Report

CHUKWUMA-ENEH, J.S.C.

This interlocutory appeal is against the decision of the Court of Appeal, Abuja Judicial Division (i.e. the Court below) delivered on 20/10/06 dismissing the appellants’ appeal to the effect that this action does not constitute an abuse of process of court; it therefore affirmed the decision of the trial court.

The appellants here i.e. the 3rd and 4th defendants at the trial court being aggrieved by the decision have appealed to this court by a notice of appeal dated and filed on 18/12/2006 containing two grounds of appeal.

From the beginning, at the trial court, the 3rd and 4th respondents herein as plaintiffs commenced this action as per suit No. FHC/ABJ/CS/478/2005 against the 1st and 2nd respondents only (that is as defendants) seeking the following reliefs jointly and severally:-

“(i) A declaration that pursuant to Article 18(i) of the Constitution of the All Progressive Grand Alliance herein on record as the fourth respondent, the third respondent (first plaintiff) has, is entitled to and enjoys a constitutional guaranteed chairmanship of the Party for an initial four year term commencing from 10th January, 2003 till 10th January, 2007, which term at the time of the institution of the action is still unexpired and which is also renewable at the option of the third respondent.

(ii) A declaration that the first and second respondents as defendants at the trial court lack the competence under the Constitution of the Federal Republic of Nigeria, 1999; the Electoral Act, 2002 and the Constitution of the fourth respondent to interfere in any manner whatsoever with the position of the first plaintiff herein third respondent as the National Chairman of the second plaintiff herein fourth respondent and also lacks the power to change or attempt to change the leadership of the fourth respondent which is a registered political party.

(iii) A declaration that the provision of the Electoral Act, 2002, does not empower the defendants herein as the first and second respondents to confer recognition on any other person as the National Chairman or Acting National Chairman of the second plaintiff contrary to the provisions of the second plaintiff’s Constitution.

(iv) A declaration that the defendants are not entitled to ignore and cannot ignore the list of names and addresses of the national officers of the political patty registered with them.

(v) An injunction restraining the defendants from recognizing or continuing to recognize or deal with the leadership of the second plaintiff except with the first plaintiff as guaranteed by the second plaintiff’s Constitution. See pages 10 – 11 of volume one of the records of appeal.”

The appellants have by an application dated and filed on 14/11/2005 applied to be joined as parties to the suit. The trial court on 8/5/2000 so ordered; they were joined as 3rd and 4th defendants to this suit by the trial court. The other crucial suit in this matter is as per suit No. FCT/HC/CV/278/2005.

I must emphasise that in suit No. FCT/HC/CV/278/2005 filed on 31/1/2005, the 3rd and 4th plaintiffslrespondents herein have jointly with one Dr. Hassan Bello and Barrister Maxi Okwo as plaintiffs sued the appellants and thirteen others as the High Court of the Federal Capital Territory seeking inter alia the following reliefs:-

“(i) A declaration that the defendants are no longer members or national officers of the first plaintiff.

(ii) A declaration that the second, third and fourth plaintiffs are duly and only National Chairman, Deputy National Chairman (North) and Deputy National Chairman (South) respectively of the first plaintiff.

(iii) A declaration that the first defendant is not the National Chairman of the first plaintiff.