Anyakorah V. Pdp & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C. 

By an amended originating summons dated 23rd March 2021, the appellant commenced suit No. CV/774/2021 at the High Court of the Federal Capital Territory seeking answer to the following question:-

“Considering Article 8,(x), (xiii), (xv), (xvii), (xviii), (xix) of the PDP, Electoral Guidelines for Primary Election, Sections 12, 13, 14 & 15 of the Constitution of the People’s’ Democratic Party (amended in 2017), whether it was right for the 1st Defendant, during its South East Zonal Congress of 6th March 2021, to arbitrarily publish in its brochure, the name of a state chairman, Exco members, Local Government Chairman and National Delegates, without recourse to the use and adoption of the extant List already inaugurated Party Officers and Delegates that emerged from the Anambra PDP congresses conducted on 28th November 2017 [validated by the Senator Grace Bent Ward Congress Appeal Panel Report and Barrister Ukpai Ukairo Local Government Appeal Panel Report], under the supervision of Sir Chukwusa Umeaba, Acting Chairman, State Caretaker Committee.”

​Further to the determination of the question, he sought the following reliefs from the trial High Court:-

“1. A declaration that by virtue of Article 2 of the Constitution of the Peoples’ Democratic Party (amended 2017), the said Constitution is supreme and it has a binding force on all members and organs of the Peoples’ Democratic Party, and any action or step taken contrary to the relevant provisions of the Constitution is unlawful, illegal, null, void and of no effect whatsoever.

2. A declaration that it is unlawful for the 1st Defendant, whether during its South-East Zonal Congress of 6th March 2021 or at any time to adopt or publish the name of a State Chairman, alongside persons purporting to be his Exco members, Local Government Chairman and National Delegates, without recourse to the extant list of already inaugurated Party Officers and Delegates that emerged from the Anambra PDP Congresses conducted on 28th November, 2017 and 1st December, 2017 validated by the Senator Grace Bent Ward Congress Appeal Panel report and barrister Ukpai Ukairo Local Government Appeal Report, under the supervision of sir Chukwudi Umeaba, as Acting Chairman, State Caretaker Committee.
3. A declaration that the arbitrary imposition by the 1st defendant on its members, of a State Chairman, Exco members, Local Government Chairman and National Delegates, as contained at pages 14, 15 & 16 of the Defendant’s Brochure for the South- East Zonal Congress of 6th March, 2021, is ultra vires its powers, unlawful, invalid, avoid and of no effect whatsoever.
4. An order nullifying and setting aside all congresses, designations or appointments made by the 1st Defendant with respect to the State Chairman for PDP Anambra State Chapter, Exco Members, Local Government Chairman, National Delegates, as contained at pages 14, 15 & 16 of the South-East Zonal Congress Brochure of 6th March, 2021, for being invalid, unlawful and ultra vires the powers of the Defendant, the same not being in alignment with the list of already inaugurated Party Officers and Delegates that emerged from the Anambra PDP Congresses conducted on 28th November, 2017 and 1st December, 2017, validated by the Senator Grace Bent Ward Congress Appeal Panel Report and Barrister Ukpai Ukairo Local Government Appeal Panel Report, under the supervision of Sir Chukwudi Umeaba, as Acting Chairman, State Caretaker Committee.
5. An order compelling the 1st Defendant, during the conduct of all elections in Anambra State, to henceforth adopt, employ recognize and use only the list of already inaugurated Party Officers and Delegates that emerged from the Anambra PDP conducted on 28th November, 2017 and 1st December, 2017 [validated by the Senator Grace Bent Ward Congress Appeal Panel Report and Barrister Ukpai Ukairo Local Government Appeal Panel Report], under the supervision of Sir Chukwudi Umeaba, who shall continue to act, for all intents that purposes, as PDP Chairman, Anambra State Caretaker Committee.
6. An order of Perpetual injunction restraining the 1st Defendant, whether by itself, cronies, allies or representatives from further recognizing, dealing with or parading any person or group of persons listed at pages 14, 15 & 16 of the Brochure for the South-East Zonal Congress of 6th March, 2021, either as State Chairman, Exco member, Local Government Area Chairman or National Delegates of the Peoples Democratic Party, Anambra State Chapter, except the list of already inaugurated Party Officers and Delegates that emerged from the Anambra PDP conducted on 28th November 2017 and 1st December, 2017 [validated by the Senator Grace Bent Ward Congress Appeal Panel Report and Barrister Ukpai Ukairo Local Government Appeal Panel Report], under the supervision of Sir Chukwudi Umeaba, who shall continue to act, for all intents that purposes, as PDP Chairman, Anambra State Caretaker Committee.”

The respondents herein, being the respective defendants at the trial Court, contested the claim. The three further filed notices of preliminary objection to challenge the competence of the suit and the trial Court’s jurisdiction to entertain same. 1st respondent/defendant’s notice of objection filed on 25th March 2021 was founded on the grounds that:-

“(i) The High Court of the Federal Capital Territory lacks the territorial jurisdiction to adjudicate on the subject matter of this suit which touches in and concerns the Defendant’s congresses which took place in Anambra State.

(ii) The claims in this matter border (sic) on the internal affairs of a political party and do not fall within the special jurisdiction of this Court conferred by Section 87(9) of the Electoral Act 2010 (as amended) and therefore this Honourable Court does not have jurisdiction to entertain same.”

Similar grounds to the foregoing were inter-alia raised by the 2nd and 3rd defendants/respondents challenging the competence of the appellant’s suit.

On the objections of the defendants/respondents, the trial Court at page 3006 of volume 3 of the record of appeal firstly enthused as follows:-

“On the basis of the foregoing summation of what this Court considers to be the grievances of the Claimant in the present suit, it is not difficult to arrive at the determination that this Court is invested with jurisdiction to determine this suit. It must be seen that the focus of the Claimant is not so much on what took place physically at the South East Congress of the 1st Defendant in Enugu on 6th March, 2021, but so much on the process orchestrated by the 1st Defendant for the conduct of the Congress.”

(Underlining supplied for emphasis).

The Court proceeded conclusively at page 3006 of the same volume 3 of the record thus:-

“In my opinion, the issues as to the conduct of or the process adopted by the 1st Defendant, in alleged violation of its Constitution, have no territorial boundaries; in so far as the cause of action itself is such that this Court, by Section 257(1) of the Constitution is invested with jurisdiction to adjudicate upon. I so hold. What is more, the 1st Defendant, which is the alleged principal culprit of the violations complained of by the Claimant, through its National Officers, is eminently resident in the Federal Capital Territory. It is my further view, in that regard, that the Claimant is not precluded from instituting the instant suit in this Court; just as he is equally at liberty to institute the same in Anambra State if he so wishes. I so hold.” (Underlining supplied for emphasis).