Chief Victor Umeh & Anor. V. Professor Maurice Iwu (Chairman Independent National Electoral Commission) & Ors. (2006)

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OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.

This is an interlocutory appeal against the Ruling of the Federal High Court Abuja wherein the learned trial judge declined to terminate the plaintiffs/respondents suit on the ground that it constituted an abuse of court process. The plaintiffs now 3rd and 4th Respondents in this appeal in their amended statement of claim asked the court for the undermentioned reliefs against the Respondents jointly and severally as follows:-

(1) A declaration of this honourable court that pursuant to Article 18(1) of the constitution of the All Progressive Grand Alliance (APGA) the 1st plaintiff is entitled to, enjoy a constitutionally guaranteed chairmanship of tile party for an initial four year term commencing from 10th of January 2003 till 10th January 2007 – which term is still unexpired and which term is optionally renewable.

(2) A declaration of this honourable court that the defendants lack the competence under the Constitution of the Federal Republic of Nigeria 1999, the Electoral Act 2002 and the Constitution of All Progressive Grand Alliance (APGA) to interfere in any manner whatsoever with the position of the 1st plaintiff as the National Chairman of the 2nd plaintiff and lack the power to change or attempt to change the leadership of the 2nd plaintiff political party.

(3) A declaration of this Honourable Court that the provisions of Part III of the Electoral Act, 2002 do not empower the defendants to deal with and or attempt to confer recognition on any other person as National Chairman or Acting National Chairman of the 2nd plaintiff contrary to the provisions of the party’s constitution duly lodged and registered with the defendants as required and stipulated by the Constitution of the Federal Republic of Nigeria, 1999.

(4) A declaration of this Honourable Court that the defendants are not entitled to ignore and cannot ignore the list of names and addresses of the national officers of a political party registered with them pursuant to section 222(a) of the Constitution of the Federal Republic of Nigeria, 1999.

(5) A declaration of this Honourable Court, that the defendants are not entitled to violate the provisions of the Constitution of the plaintiffs duly registered with the Constitution of the Federal Republic of Nigeria, 1999 relating to the democratic mode of change of leadership of a political party.

(6) An order of injunction restraining the defendants by themselves, agents or servants from interfering or further interference in any manner whatsoever with the leadership of the 2nd plaintiff by the 1st plaintiff.

(7) An order of injunction restraining the defendants by themselves, agents or servants from continuing to purport, to recognise or continuing to recognise or deal with any other leadership of the 2nd plaintiff except that of the 1st plaintiff as guaranteed by the 2nd plaintiffs Constitution duly registered with the 1st defendant as required by the Constitution of the Federal Republic of Nigeria, 1999.”

At the hearing of the suit before the Federal High Court the appellants joined by order of court as 3rd and 4th defendants filed a motion on notice on the 26th of July, 2006 praying the court to dismiss this suit as an abuse of court process or alternatively an order striking out the suit for lack of jurisdiction.

The grounds for the application as listed on the application are as follows:

(a) In suit No. FCT/HC/CV/278/05 All Progressive Grand Alliance (APGA) & 3 Ors. v. Chief Victor Umeh & 3 Ors., the same plaintiffs herein brought an action against the same defendant in the suit before the High Court of the FCT, Abuja.

(b) The subject matter of the suit No.FCT/HC/CV/278/05 referred to above pending before the High Court of the FCT Abuja is on all fours with the subject-matter of this present suit.

(c) Suit No. FCT/HC/CV/278/05 referred to above is part-heard, the plaintiffs having closed their cases the suit is adjourned for the conclusion of defence.