Engr. Newton Ikechukwu Ugwuegede V. Hon. Dr. Patrick Aziokoja Asadu & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal against the Judgment of the Court of Appeal, Abuja Division, Coram: Moore A. A. Adumein, J.C.A. (presiding), Tani Yusuf Hassan, J.C.A. and Muhammed Mustapha, J.C.A., delivered on 1st July 2015 in Appeal No. CA/A/177A/2015 where the Lower Court upheld the findings of fact made by the trial Court and affirmed the decision of the Federal High Court, Abuja in suit No. FHC/ABJ/CS/50/2015 delivered on 1st April 2015 and dismissed the appeal filed by the Appellant. Still being dissatisfied, the Appellant brought this appeal vide a Notice of Appeal dated 14th July, 2015 raising 8 grounds.

SUMMARY OF FACTS:

The Appellant, the 1st Respondent and other aspirants participated in the Peoples’ Democratic Party (PDP) Party Primary election conducted on 6th December 2014 to enable the 2nd Respondent (PDP) produce its candidate to contest in the election for the Federal House of Representatives for Nsukka/Igbo-Eze South Federal Constituency. At the primaries, 1st Respondent emerged as the aspirant that scored the highest votes cast in the said primary election of 6th

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December 2014 but his name was not submitted as candidate of the 2nd Respondent.

The 1st Respondent protested to the Appeal panel set up by the National Working Committee (3rd Respondent) on behalf of the 2nd Respondent. The Appeal Panel heard the appeal and upheld the appeal of the 1st Respondent and confirmed the 1st Respondent, as against the Appellant, was the aspirant that scored the highest number of votes cast in the primary election. The 1st Respondent was consequently issued with the requisite forms for the general election to have his name submitted to INEC (the 4th Respondent). This notwithstanding, the 2nd Respondent still failed, refused and neglected to submit the 1st Respondent’s case to the 4th Respondent.

All efforts made by the 1st Respondent to have the issue resolved within the party structure failed as a result of which he approached the Federal High Court in Suit No.FHC/ABJ/CS/50/2015 by way of originating summons dated 2nd February 2015 for the determination of the issues or questions contained therein. On 1st April 2015, the Court delivered its judgment and granted the reliefs sought by the 1st Respondent.

Not being

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satisfied, the Appellant herein appealed to the Court below in Appeal No. CA/A/177A/2015. The appeal was lodged at the Court of Appeal, Abuja Division. The appeal was heard, and on the on 1st July 2015, the Lower Court delivered its judgment in the appeal wherein it dismissed the appeal as lacking in merit. Still not satisfied, the Appellant has approached this Court, having brought this appeal vide a Notice of Appeal dated 14th July, 2015 raising 8 grounds.

ISSUES FOR DETERMINATION:

In its Appellant’s Brief dated and filed 13th March, 2017, the Appellant formulated two issues for determination by this Court at pages 7-8, namely:-

“(i) Whether the Court below rightly upheld the finding/decision of the learned trial Court that from a correct reading of the documents including the affidavits on which the 1st Respondent herein predicated his claims in the Originating Summons, the Court has the jurisdiction under Section 87(9) of the Electoral Act, 2010, as amended, to entertain/adjudicate on the dispute in this Suit. (Distilled from Grounds 1, 2 and 7).