Senator Ifeanyi Ararume V. Independent National Electoral Commission & Ors. (2007)

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HON. JUSTICE OLUFUNMILOLA OYELOLA ADEKEYE, J.C.A.

This is an appeal against the judgment of the Federal High Court Abuja Division delivered on the 16th of February 2007, By an Amended Writ of Summons and statement of claim filed on 7/1/07 – the appellant, Senator Ifeanyi Ararume as plaintiff before the lower court sued the 1st Respondent the Independent National Electoral Commission as defendant. The 2nd Respondent Engineer Charles Ugwu and 3rd Respondent the Peoples Democratic Party were joined by leave of court as 2nd and 3rd defendants respectively.

The appellant as plaintiff claimed as follows:-

(1) A declaration that the option of changing or substituting a candidate whose name is already submitted to INEC by a political party is only available to a political party and/or the Independent National Electoral Commission (INEC) under the Electoral Act 2006, only (when) the candidate is disqualified by a court order.(sic)

(2) A declaration that under section 32(5) of the Electoral Act 2006 it is only a court of law by an order that can disqualify a duly nominated candidate of a political party whose name and particulars have been published in accordance with section 32(3) of the Electoral Act 2006

(3) A declaration that under the Electoral Act 2006, Independent National Electoral Commission (INEC) has no power to screen, verify or disqualify a candidate once the candidates political party has done its screening and submitted the name of the plaintiff or any candidate to the Independent National Electoral Commission (INEC).

(4) A declaration that the only way Independent National Electoral Commission (INEC)can disqualify, change or substitute a duly nominated candidate of a political party is by court order.

(5) A declaration that under section 32(5) of the Electoral Act 2006, it is only a court of law, after a law suit, that a candidate can be disqualified and it is only after a candidate is disqualified by a court order that the Independent National Electoral Commission (INEC)can change or substitute a duly nominated candidate.

(6) A declaration that there are no cogent and verifiable reasons for the Defendant to change or entertain the change of the name of the plaintiff as the candidate of the Peoples Democratic Party (PDP) for the April 14 2007 Governorship Election in Imo State.

(7) A declaration that it is unconstitutional, illegal and unlawful for the defendant to change the name of the plaintiff as the Governorship candidate of Peoples Democratic Party (PDP) for Imo State in the forthcoming Governorship Election in Imo State after the plaintiff has been duly nominated by the Peoples Democratic Party (PDP) as its candidate and after the defendant has accepted the nomination and published the name and particulars of the plaintiff in accordance with section 32(3) of the Electoral Act 2006 until the High Court disqualifies the plaintiff or until cogent and verifiable reasons are given to the Defendant by whosoever desires to make the change.

(8) An Order of perpetual injunction restraining the defendant from changing or substituting the name of the appellant as the Imo State Peoples Democratic Party Governorship candidate for the April 2007 Imo State Government Election unless or until a court order is made disqualifying the plaintiff and or until cogent and verifiable reasons are given as required under section 34(2) of the Electoral Act.

Summary of the Facts

The facts are that the appellant emerged winner at the Governorship primaries conducted by the Peoples Democratic Party for Imo State on the 14th of December 2006. The appellant at the contest scored 2,061 votes as against the 36 votes scored by the 2nd Respondent Engineer Charles Ugwu. The name of the appellant was forwarded to INEC by the 3rd Respondent as the Governorship candidate sponsored by PDP in compliance with the provisions of section 32(1) and (2) of the 2006 Electoral Act, on the 14th of December 2006 as shown in Exhs F and G. The 3M Respondent on the 19th of January 2007 forwarded the name of the 2nd Respondent to the 3rd Respondent under a letter dated 18th of January 2007 Exh K as the candidate it was sponsoring for Imo State Governorship in April 2007. Parties addressed the court on the issues formulated and settled. The learned trial judge granted an order of interim injunction restraining the Respondents from taking any steps towards changing or substituting the name of the applicant as Imo State Peoples Democratic Party Governorship candidate for the April 2007 Election pending the hearing and determination of the suit before the court.

On the issues settled before the trial court as to whether it had jurisdiction to entertain the suit, the learned trial judge found in favour of the Federal High Court having jurisdiction over the suit as it affected the 1st Respondent a Federal Government Agency. The learned trial judge held that the whole case is hinged on the interpretation of section 34 of the Electoral Act 2006.