Prof. Onyebuchi Chukwu V. Peoples Democratic Party (PDP) & Ors (2016)

LawGlobal-Hub Lead Judgment Report

EMMANUEL AKOMAYE AGIM, J.C.A. 

Dissatisfied with the nomination of the 3rd respondent as the 1st respondent’s candidate for the 2015 general election of Governor of Ebonyi, the appellant on 28-1-2015 filed an originating summons commencing Suit No. FHC/AI/CS/1/2015 in the Federal High Court of Nigeria at Abakaliki against the respondents seeking the determination of the following questions
1. Whether the procedure for the nomination and/or sponsorship of candidates for elective offices recognized by the Electoral Act 2010 and the Constitution of the Federal Republic of Nigeria 1999, is within the exclusive domain of Section 87 of the Electoral Act 2010 as amended and any guidelines issued by a political party for the conduct of a primaries.
2. Whether the 2nd Defendant is not bound to act on a candidate nominated by the 1st Defendant for the purpose of the general elections when such a candidate was elected in violation of the electoral guidelines established by the 1st Defendant.
3. Whether on the facts of this case, the plaintiff earned a right to participate in the party’s primaries

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conducted by the 1st Defendant for the purpose of choosing the party’s candidate in the gubernatorial general election scheduled in the year 2015 with regard to Ebonyi State.
4. Whether non elected delegates who are also not accepted by all those interested in the gubernatorial election primaries are entitled to elect or produce a gubernatorial candidate for and behalf of the 1st Defendant.
5. Whether this Honourable Court can annul/void the process which produced the 3rd Defendant as the Ebonyi State gubernatorial candidate of the 1st Defendant And
6. Whether this Honourable Court can by an order of injunction direct the 2nd defendant to rectify the list of governorship candidates by expunging the name of the 3rd defendant as the Governorship candidate of the 1st defendant pending the outcome of fresh primaries.”

The appellant claimed for the following reliefs:-
1. A declaration that the procedure for the nomination and/or sponsorship of candidates for elective offices recognized by the Electorial Act 2010 and the Constitution of the Federal Republic of Nigeria 1999 is within the exclusive domain of Section 87 of the Electoral Act

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2010 as amended and any guidelines issued by a political party for the conduct of a primaries.
2. A declaration that the 2nd defendant is not bound to act on a candidate nominated by the 1st defendant for the purpose of the general elections when such a candidate was elected in violation of the electoral guidelines established by the 1st defendant.
3. A declaration that on the facts of this case the plaintiff earned a right to participate in the party’s primaries conducted by the 1st defendant for the purpose of choosing the party’s candidate in the gubernatorial general election scheduled in the year 2015 with regard to Ebonyi State
4. A declaration that non elected delegates who are also not accepted by all those interested in the gubernatorial elections are not entitled to produce a gubernatorial candidate for and on behalf of the 1st defendant.
5. An Order of this Honourable Court annulling/voiding the process which produced the 3rd defendant as the Ebonyi State gubernatorial candidate for the 2015 elections.
6. An Order of this Honourable Court granting an order of injunction directing the 2nd defendant to rectify the list of

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governorship candidates by expunging the name of the 3rd defendant as the Governorship candidate of the 1st defendant pending the outcome of fresh primaries.”

The originating summons was supported by an affidavit of 5 paragraphs. Each respondent filed a counter affidavit to the affidavit in support of the originating summons. The plaintiff filed further affidavits in response to the 1st and 2nd respondent’s counter affidavit.

On 24-2-2015, the 1st respondent filed a motion on notice praying for an order striking out the appellant’s suit on the grounds-
(a) That the Court lacks the jurisdiction to hear and determine same;
(b) That on the basis of the facts of the suit as presented in the plaintiffs affidavit, the originating summons proceeding is wrong as the suit should have been commenced by way of a writ of summons;
(c) That the plaintiff’s case is non-juristic in that it falls squarely within the domestic affairs of the 1st defendant;
(d) That the suit is caught by the doctrine of res judicata and that it constitute an abuse of Court process to relitigate the same issue already decided in Suit No. FHC/ABJ/CS/830/2014;

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(e) That the plaintiff’s lack the necessary competence to bring this action, in that:
(i) the plaintiff was not an aspirant in the Peoples Democratic Party (PDP) Special Ward Congress held in Ebonyi State on the 1st day of November, 2014; and
(ii) having withdrawn from the contest, to wit the PDP gubernatorial primary for Ebonyi State on the 8th day of December, 2014, the plaintiff cannot validly complain about the conduct of the said primary election.”

The motion is supported by an affidavit and a written address of same.
All parties filed final written addresses in respect of the originating summons. The 1st respondent again argued the point of jurisdiction in its final written address.