Sonny E. Ossom V. Nseobong Willie Osom & Anor (1993)

LawGlobal-Hub Lead Judgment Report

ABDULLAHI, J.C.A.

By originating summons, the 1st respondent as plaintiff instituted an action in the High Court of Akwa Ibom State at Uyo against four defendants namely; (1) The National Republican Convention; (2) Dr. Lambert Udo (Chairman, National Republican Convention, Akwa-Ibom State) (3) Sonny E. Osom (The present appellant); (4) National Electoral Commission praying for seven reliefs, which read as follows:-

“1. A declaration that the plaintiff was duly nominated in the 6th November, 1991 chairmanship primaries conducted by the 1st defendant in Ekpe Atai Local Government Area.

2. A declaration that the plaintiff is the rightful candidate to be put forward by the 1st defendantto the 1st defendant’s Ekpe Atai Local Government congress for ratification and to contest the 23rd November, 1991 chairmanship election in Ekpe Atai on the 1st defendant’s platform.
3. An injunction restraining the 1st and 2nd defendants from sponsoring or putting forward the 3rd defendant to the Local Government Congress for ratification as chairmanship candidate for the 1st defendant in the said election ..
4. An order compelling the 1st and 2nd defendants to put forward the name of the plaintiff for ratification by the Local Government Congress of the National Republican Convention, Ekpe Atai Chapter.
5. An injunction restraining the 1st and 2nd defendants from sponsoring or putting forward the 3rd defendant as the candidate of the 1st defendant for the 23rd November 1991, local government chairmanship election in Ekpe Atai Local Government area.
6. An injunction restraining the 3rd defendant from parading himself as 1st defendant’s chairmanship candidate for the 23rd November 1991 Local Government Chairmanship election in Ekpe Atai Local Government area.
7. An injunction restraining the 4th defendant from accepting the 3rd defendant as the 1st defendant’s candidate for the said election.

It is important to point out at this juncture that at a certain stage of hearing of one of the various motions before the lower court, reliefs number 3,4,5,6 & 7 above were struck out, thus leaving only reliefs number 1 &2 alive.

The facts of the case can easily be extracted from the paragraphs of the affidavit sworn to by the plaintiff in support of the originating summons filed by him, particularly paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, & 14. They read as follows:-

“2. That on the 6th November, 1991, I contested the primaries for the nomination of a candidate to contest for the 23rd November, 1991, Local Government election on the platform of the 1st defendant.

3. That I contested against the 3rd defendant.
4. That I was duly nominated or elected in the said election having scored 2,195 votes as against the 3rd defendant’s 1,898 votes. I exhibit hereto as Exhs. “A” and “A1” declaration of the Returning Officer Sunday J. Mbohoetor and the recorded result in respect thereof.
5. That the 1st and 2nd defendants thereafter set up a State Electoral Panel for the 1st defendant to give clearance or otherwise to candidates who contested the 6th November, 1991 nomination.
6. That the said panel cleared me to contest the 23d November, 1991, local government chairmanship election on the platform of the 1st defendant. Exhibited hereto as Exh “B” is a copy of the letter written to me in that respect which was accompanied by Exhs. “A” and A1″.
7. That the chapter chairman and secretary of the 1st defendant in Ekpe Atai sent my name to the Acting Electoral Officer of the 4th defendant in Ekpe Atai as the 1st defendant’s candidate. Attached hereto and marked Exhs. “C” and “C1″ are the letters of the chapter chairman and secretary and the 4th defendant’s memorandum on the matter.
8. That thereafter the 2nd defendant caused to be announced on the Akwa-Ibom Broadcasting Corporation Radio on the 20th day of November, 1991 that the 3rd defendant had been cleared and put forward to contest the said election on the platform of the 1st defendant.
9. That after the nomination on the 6th November, 1991, no local government ward congress was summoned by the 1st defendant’s chapter chairman for Ekpe Atai to ratify any nomination.
10. That I was not given opportunity to explain the charges, if any brought against me to cause my name not being put forward to contest the election.
11. That my nomination was open, fair and no objection was taken to my victory.
12. That I am entitled to the reliefs sought against the defendants.”

The documents mentioned in the affidavit also read as follows:”

EXHIBIT “A”

NATIONAL REPUBLICAN CONVENTION

N.R.C. Secretariat,

Oruk Anam L.G. Area,

Akwa Iborn State.

6th November, 1991

The Chairman,