Senator Ayogu Eze V. Peoples Democratic Party & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Abuja Division, hereinafter referred to as the lower Court, delivered on the 15th day of February 2017 striking out Suit No. FHC/ABJ/C5/997/2014 at the Federal High Court sitting at Abuja, hereinafter referred to as the trial Court, for incompetence having been commenced by the appellant who lacks the locus standi to institute same.

The appellant herein, as plaintiff at the trial Court, on the 12th December 2015 filed an originating summons against the respondents, as the defendants, seeking answers to the following five questions:-

“a. Whether having regard to the decision of the Federal High Court in suit No. FHC/ABJ/CS/830/2014 between Barr. Orji Chineye Godwin & 2 Ors Vs. Peoples Democratic Party & 4 Ors delivered on the 24th November, 2014 the defendants are entitled to rely on the list of adhoc delegates other than the list sanctioned by the decision in the above case for the conduct of elections for the nomination of a governorship candidate for Enugu State at its

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primary election for that purpose.

b. Whether having regard to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 85-87 of the Electoral Act 2011 (as amended), the Constitution of the 1st Defendant 2014 and the Electoral guide lines for primary elections 2014 issued by the 1st defendant, the 1st defendant could jettison, set aside, refuse to use or in any other manner ignore the result of the Ward Congresses held on 1st November, 2014 where adhoc delegates from the 260 wards of Enugu State were elected in the conduct of the primary elections to elect the governorship candidate of 1st defendant for the general elections in 2015.

c. Whether the defendants possess the right, vires and/or authority to side-track, ignore or fail to make use of the results of the ward congresses in the 260 wards of Enugu State held on the 1st November, 2014 as sanctioned and/or or recognized by the judgment of the Federal High Court in suit no. FHC/ABJ/CS/816/2014 Between Barr. Orji Chineye Godwin & 2 Ors V. Peoples Democratic Party & 4 Ors in the conduct of its primary elections for the election

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of its governorship candidate for Enugu State in the General Election of 2015.

d. Whether any candidate that emerged as the governorship candidate of the 1st defendant for Enugu State for the general election of 2015 at any purported primary election where the list of adhoc delegates used for the conduct of the purported election is based on any list other than the list emerged at the ward congresses of 1st November, 2014 can be lawful, constitutional and legitimate candidate of the 1st defendant having regard to the judgment of the Federal High Court in suit no. FHC/ABJ/CS/816/14 between Bar. Orji Chineye Godwin & 2 Ors V. Peoples Democratic Party & 4 Ors, the provisions of the Constitution of the FRN 1999, Section 87 of the Electoral Act 2010, Constitution of the 1st defendant and the guide lines for the primary election 2014 of the 1st defendant.

e. Whether the plaintiff who was duly elected with the majority of lawful votes cast at the primary election held for the 1st governorship candidate of the defendant at Enugu on 8th December, 2014 with the use of the list of adhoc delegates that emerged at the congress that were conducted on the 1st

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November, 2014 and duly sanctioned by the FHC in its judgment in suit no. FHC/ABJ/C5/816/14 Between Bar. Orji Chineye Godwin & 2 Ors V. Peoples Democratic Party & 4 Ors is the candidate whose name must be forwarded by the 1st and 2nd defendant to the 3rd defendant as their duly elected candidate to be presented at the general election of 2015.”