Mrs. Jessie Balonwu V. Dr. Chike Chinyelu & Ors (1991)

LawGlobal-Hub Lead Judgment Report

OGUNTADE, J.C.A. 

The appellant in this appeal was the plaintiff at the Onitsha High Court where she brought a suit against the respondents (as defendants) claiming the following reliefs:

“(i) A declaration that the 1st defendant was not validly elected as the candidate to contest the election for the Chairmanship of the Onitsha Local Government Council under the Platform of the Social Democratic Party.

(ii) A declaration that the plaintiff is entitled to contest the election for the Chairmanship of the Onitsha Local Government Council under the ticket of the Social Democratic Party.

OR IN THE ALTERNATIVE:

(iii) A declaration that the election conducted on the 3rd day of October, 1990 by the Social Democratic Party to select a flag bearer to contest for the Chairmanship of the Onitsha Local Government Council was irregular, rigged, null and void and of no effect whatsoever.

(iv) In the event of a fresh election an Order of the Court that the result collated by each of the agents of the Party contesting the election should be verified with the Presiding Officer and countersigned by him.

(v) A perpetual injunction to restrain the 1st defendant from continuing to parade himself as the flag bearer of the Social Democratic Party to contest the election for the Chairmanship of the Onitsha Local Government Council.

(vi) A further injunction to restrain the 2nd defendant in the event of a fresh election from taking any part in the conduct of such an election.

(vii) An Order of Court for the 3rd – 6th defendants to provide a proper guideline for the conduct of the election.

(viii) An injunction to restrain the 2nd & 4th defendants from submitting the name of the 1st defendant as the candidate who has won the election to contest under the S.D.P. for the Chairmanship of the Onitsha Local Government Council.

(ix) N1,000,000.00 damages against the defendants jointly and severally.”

The appellant (hereinafter referred to as the plaintiff filed her statement of claim. The 1st defendant filed his statement of defence while a joint statement of defence was filed by the 2nd to 4th defendants. The 5th and 6th defendants did not file a statement of defence.

The trial of the suit commenced on 24 October, 1990 and closed on 26/11/90 with counsel’s addresses. Nweje J. delivered judgment on 27th November, 1990. In his judgment, the trial judge concluded as follows: