Oshieze Vincent Akujobi Ehirim V. Imo State Independent Electoral Commission & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

A.M. MUKHTAR, J.S.C.

In the High Court of Imo State, Owerri Division, the appellant, by way of an amended originating summons, sought answers to the following questions:-

“1. Whether or not the term of office of the Plaintiff as Chairman of Owerri Municipal Local Government is not to run for 3 years commencing on the 24th day of June, 2005 when he took his oath of office

2. Whether or not the 1st Defendant is competent to conduct election for the purposes of electing the Chairman of Owerri Municipal Local Government by the 24th day of February, 2007 or any other date before the expiration of the Plaintiff’s tenure in office”

The Plaintiff sought the following reliefs against the defendants:-

“(a) A declaration that by the Provisions of Section 23(1) of the Imo State Local Government Administration Law No. 15 of 2000 the Plaintiff is entitled to hold office as Chairman of Owerri Municipal Local Government Council for 3 years commencing on the 24th day of June, 2005.

(b) A declaration that the 1st Defendant is incompetent to conduct any election for the purpose of electing the Chairman of Owerri Municipal Local Government Council on the 24th day of February, 2007 or any other date before the expiration of the Plaintiff’s tenure as Chairman.

(c) A declaration that the Plaintiff’s tenure of office as Chairman of Owerri Municipal Local Government Council is to expire on or about the 24th day of June, 2008.

(d) An injunction perpetually restraining the 1st Defendant by itself, agents or servants from conducting any election to elect the Chairman of Owerri Municipal Local Government Council on the 24th day of February, 2007 or any other date before the expiration of the Plaintiff’s tenure as Chairman.

(e) An Injunction perpetually restraining the Defendants by themselves, their servants or agents from electing, recognizing or dealing with any other person as Chairman of Owerri Municipal Local Government Council other than the Plaintiff before the expiration of the tenure of office of the plaintiff Chairman.

(f) An Injunction perpetually restraining the Defendants by themselves, their servants or agents in any form or manner tampering with the plaintiff’s occupation and/or exercise of the functions of his office as Chairman of Owerri Municipal Local Government Council within his tenure of office expiring on 24th June, 2008.”

An affidavit sworn to by the plaintiff/appellant in support of the originating summons, has the following pertinent depositions:-

“1. I am the Chairman of Owerri Municipal Local Government following the election to that office by the 1st Defendant on 18th June, 2005.

2. I was sworn into office following my victory at the said election by the 2nd Defendant on 24th June, 2005.
3. The 1st Defendant recently advertised that it will conduct election into the offices of Chairmen and Councillors of the Local Government Councils in Imo State including the Owerri Municipal Local Government Council.
4. I was formerly elected alongside other Chairmen and Councillors in Imo State on the 27th day of March, 2004.
5. A fellow contestant at the former election one Jude Agbugba sponsored by the All Nigerian Peoples Party filed a petition against my said election and that petition was allowed by the Local Government Election Petition Tribunal declaring the election null and void and directing that a fresh election be held…………………
6. My appeal against the judgment of the said Tribunal to the Appeal Tribunal was unsuccessful as the order of the said Lower Tribunal that a fresh election be conducted was upheld.
7. The said fresh election was held on 18th of June, 2005 between myself sponsored by the Peoples Democratic Party and the said Jude Agbugba again sponsored by the All Nigerian Peoples Party.
8. The said Jude Agbugba also challenged my victory at the said fresh election of 18th June, 2005 but his petition was dismissed by the Local Government Election Petition Tribunal.
9. I verily believe that my 3 year tenure of office started to run on the 24th day of June, 2005 and will terminate on the 24th day of June, 2008.”

The 1st – 3rd defendants raised preliminary issues that the court lacked jurisdiction to entertain the suit, and that the suit was speculative and therefore incompetent.

In a counter-affidavit sworn to by the clerk of the 4th defendant, he deposed thus inter alia.