Dr. Alex Otti & Anor V. Dr. Sampson Uche Chuckwu Ogah & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The facts are relevant to this application.

The 1st and 3rd Respondents are members of the Peoples Democratic Party, the 2nd Respondent herein, while the 1st Applicant is a member of the All Progressives Grand Alliance, the 2nd Applicant herein.

The 1st and 3rd Respondents as members of the 2nd Respondent therefore participated in the 2nd Respondents Governorship Primary Election for Abia State on 8th December, 2014 wherein the 2nd Respondent returned the 3rd Respondent as the winner of the said Abia State Governorship Primary Election while the 1st Respondent came second in the said primary election.

Dissatisfied with the declaration of the 3rd respondent as the winner of the 2nd Respondents Governorship Primary Election and upon the 1st respondent becoming aware that the 3rd respondent breached the 2nd respondents Electoral Guidelines for 2014 and Section 31 (2), (5) and (6) of the Electoral Act 2010 (as amended), the 1st respondent commenced an action by originating summons at the Federal High Court in Suit No. FHC/UM/CS/94/2015 which later was culminated into suit

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No. FHC/ABJ/CS/71/2016 upon the transfer of the said suit to the Federal High Court Abuja Division.

In the 1st respondents Amended Originating Summons in the said suit filed by him, several reliefs were claimed and numbering from 1-13 as evidenced and shown at pages 34-40 of Exhibit “AU1 attached to the applicants further affidavit in support of their application.

In its Judgment delivered on 27th June, 2016, the trial Court granted the aforesaid reliefs claimed by the 1st respondent and further ordered that INEC should forthwith issue a certificate of Return to the 1st Respondent as Governor elect and restore all entitlement to him as the elected Governor of Abia State. Following the delivery of the aforesaid judgment, the applicants brought an application at the Court below on the 15th July, 2016 seeking for the following reliefs among others:-

1. An order granting the Appellants/Applicants leave to appeal as interested persons against the final judgment of the Federal High Court Abuja Division, delivered on 27th June, 2016 in Suit No: FHC/ABJ/CS/71/2016 (FHC/UM/CS/94/2015-DR. SAMPSON UCHECHUKWU OGAH

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PEOPLES DEMOCRATIC PARTY (PDP) & 3 ORS.

2. An order deeming the Notice of Appeal already filed on the 15th Day of July, 2016 against the said judgment as properly filed and served, the appropriate filing fees thereto having been paid.”After hearing the respective parties in the aforesaid application, the Court below in its considered ruling delivered on the 5th August, 2016 dismissed same and hence a notice of appeal was filed to this Court by the appellants/applicants herein against the said ruling on the 17th August, 2016.The application which is the subject matter of contention now before us was filed on the 15th September, 2016 and pursuant to Section 233 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Order 3 Rule 15, Order 6(2) (1) of the Supreme Court Rules 1985 (as amended) and under the inherent jurisdiction of this Court filed 15th September, 2016 and seeking for the following reliefs:
3. AN ORDER of this Honourable Court granting leave to the Appellants/Applicants to appeal against the decision of the Court of Appeal Abuja Division delivered on 5th day of August, 2016 in Appeal No:

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CA/A/390/2016: Dr. Alex Otti & Anor Vs. Dr. Sampson Uchechukwu Ogah & 4 ors, on grounds of mixed law and facts as set out in the Notice of Appeal already filed at the Court of Appeal, Abuja Registry on the 17th day of August, 2016.

2. AN ORDER of this Honourable Court deeming as properly filed and served the Notice of Appeal filed at the Court of Appeal Abuja registry on the 17th day of August, 2016 the correct filing fee having been paid.
3. AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstance of this case.”

In support of the motion is an affidavit of 15 paragraphs sworn to by one Abdulrasheed Usman Esq. one of the counsel representing the appellants/applicants. There is a further Affidavit and a further and Better affidavit sworn to by the same deponent. Also predicating the application are ten grounds enumerated as (I-X) and reproduced hereunder as follows:-