Mr. Anthony Igwemma & Anor V. Chinedu Benjamin Obidigwe & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Enugu Division delivered on 12th April, 2019 which affirmed the judgment of the Federal High Court Awka, dismissing the suit of the Appellants, relying only on one ground out of the various grounds raised by the 1st and 2nd Respondents in their various Notices of Preliminary Objection. The facts of the case giving birth to this appeal are as hereunder stated:-

The Appellants filed an Originating Summons as Plaintiffs against 1st -3rd Respondents as Defendants in suit No. FHC/AWK/CS/148/ 2018. In the said Originating Summons, the following questions were formulated:-

1. Whether having regards to the provisions of Section 31 (5) and 31(6) of the Electoral Act 2010 (as amended), the 1st defendant was qualified to be nominated as the All Progressive Grand Alliance (APGA) candidate for the Anambra East and West Federal Constituency in the 2019 General Election.
2. Whether having regard to the provisions of Section 87(1), 87(2) 87(4) (c)(ii) of the Electoral Act 2010 (as amended), Rule 10(1) and (2) of the

1

APGA Electoral Guidelines for Primary Election 2018, the 2nd Plaintiff is the validly nominated candidate of the 2nd defendant to represent Anambra East and West Federal Constituency in 2019 General Election.

3. Whether having regard to the provisions of Section 87(1), 87(2) 87(4)(c)(ii) of the Electoral Act 2010 (as amended) Rule 10(1) and (2) of the APGA Electoral Guidelines for Primary Election 2018, the 2nd defendant ought not to have submitted the name of the 2nd Plaintiff to the 3rd defendant as its validly nominated candidate of the 2nd defendant to represent Anambra East and West Federal Constituency in 2019 General Election.

The Appellants also sought the following reliefs:-

1. A declaration of the Honourable Court that the 1st Defendant is not statutorily qualified to stand election as a candidate for the Anambra East and West Federal Constituency in the 2019 Election.
2. A declaration of the Honourable Court that the purported nomination of the 1st Defendant by the 2nd Defendant as its candidate for the Anambra East and West Federal Constituency in the 2019 General Election is unconstitutional, illegal, null and void and of no

2

effect whatsoever.

3. A declaration of the Honourable Court that the purported nomination and submission of the 1st Defendant’s name by the 2nd Defendant to the 3rd Defendant as its candidate for the Anambra East and West Federal Constituency in the 2019 General Election having violated the provisions of Section 31 (5) of the Electoral Act 2010 (as amended) is unconstitutional, illegal, null and void and of no effect whatsoever.
4. An order of the Honourable Court setting aside the illegal and purported nomination and submission of the 1st Defendants name by the 2nd Defendant to the 3rd Defendant as its candidate for the Anambra East and West Federal Constituency in the 2019 General Election.
5. An order of the Honourable Court setting aside the illegal recognition and publication of the 1st Defendant’s name by the 3rd Defendant as the 2nd Defendant’s candidate for the Anambra East and West Federal Constituency in the 2019 General Election.
6. A declaration of the Honourable Court that the 2nd Plaintiff is the validly nominated candidate of the 2nd Defendant’s candidate for the Anambra East and West Federal Constituency in the 2019 General

3

Election.

7. An Order of perpetual injunction restraining the 1st Defendant from campaigning and parading himself as the 2nd Defendant’s candidate for candidate for the Anambra East and West Federal Constituency in the 2019 General Election.
8. An Order of perpetual injunction restraining the 3rd Defendant by itself, any of its officials, or people working for and through them from further recognizing the 1st Defendant as the 2nd defendant’s candidate for candidate for the Anambra East and West Federal Constituency in the 2019 General Election. (found at pages 1 to 4 of the record of appeal).

Upon being served the Originating Summons, all the respondents filed memoranda of conditional appearances as they felt the appellants who did not take part in the primaries had no locus standi to institute the action. They however followed it up with the filing of their respective counter affidavits. The 1st and 2nd Respondents also filed preliminary objection.

In the counter affidavits relied upon by the 1st and 2nd Respondents, the judgment in suit No. OT/194/2018 delivered by Amaechina, J. of the Otuocha Judicial Division, Anambra State High

4

Court of Justice was referenced and exhibited. It was contended for the 1st and 2nd Respondents that the aforesaid judgment of the Otuocha High Court had found that the alleged false information on age declaration was not proved and that the 1st Respondent was qualified to contest the subject election.