Eze v. Umahi & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Lead Judgment)

This appeal is against the judgment of the Court of Appeal Abuja Division delivered on 30th September, 2022 dismissing the appellant’s appeal against the judgment of the Federal High Court sitting at Abakaliki, delivered on 22nd July 2022.

The facts of the case are as follows:
​On 28th May 2022, the 2nd respondent conducted its primary election to select its candidates for the Ebonyi South Senatorial District in preparation for the 2023 General Elections. The appellant and one Chief Augustine Chukwu Umahi were the only two aspirants cleared to contest the said election. Chief Augustine Chukwu Umahi won the election with 279 votes while the appellant came second with 5 votes.

It was subsequently alleged that there was a disruption of the said primary election consequent upon which the 2nd respondent conducted a fresh primary on 9th June 2022. The 1st respondent, Nwaeze David Umahi was the only contestant at the re-conducted primary. Chief Augustine Chukwu Umahi withdrew his nomination after he won the primary conducted on 28th May 2022 vide a letter dated 9th June 2022.

It was also alleged by 1st and 2nd respondents that the appellant herein also withdrew her nomination by a letter of same date, which she vehemently denied. The 1st respondent won the re-conducted primary. However, although his name was submitted to the 3rd respondent by the 2nd respondent as its candidate for Ebonyi South Senatorial District, the 3rd respondent did not publish his name. This prompted him to institute an action before the trial Court by way of Originating Summons filed on 7th July 2022 seeking the determination of the following question and for the following reliefs:

Questions

1. Whether having regard to the provisions of Section 29(3), 32(1), 32(3) and 84(1), (2), (5), (13) and (14) of the Electoral Act, 2022, and Section 78 of the Nigerian Constitution 1999 and paragraph 15(a) of the Third Schedule to the 1999 Constitution, the 1st Plaintiff was not validly nominated and cannot be rejected or excluded by the defendant from contesting the 2023 General election as the candidate of the 2nd Plaintiff for Ebonyi South Senatorial District in the National Assembly.

2. Whether this Honourable Court should not make an order compelling the Defendant to accept and include the name of the 1st Plaintiff as the validly nominated candidate of the 2nd Plaintiff for the 2023 General election for Ebonyi South Senatorial District in the National Assembly.

Reliefs

1. A Declaration that the 1st Plaintiff was validly nominated and cannot be rejected or excluded from contesting the 2023 General election as the candidate of the 2nd Plaintiff for Ebonyi South Senatorial District in the National Assembly.
2. An Order of this Honourable Court compelling the defendant to accept and include the name of the 1st Plaintiff as the validly nominated candidate of the 2nd Plaintiff for the General election for Ebonyi South Senatorial District in the National Assembly.

​The 3rd respondent, INEC, was the sole defendant at the inception of the case. The 4th respondent and the appellant subsequently applied to be joined in the suit and they were so joined on 19th and 20th July respectively.

Upon being joined, the appellant filed a composite counter affidavit and counterclaim wherein she denied withdrawing her nomination and also denied being notified of any re-conduct of the primary on 9th June 2022. It was the appellant’s contention that upon the withdrawal of Chief Augustine Chukwu Umahi, as the person with the second highest number of votes cast at the primary election of 28th May 2022, her name ought to have been submitted to the 3rd respondent as the 2nd respondent’s candidate.

She also contended that the 1st respondent was not a Senatorial but a Presidential aspirant of the 2nd respondent up till 12 noon on 9th June 2022 when he failed to secure the 2nd respondent’s presidential ticket and therefore lacked the locus standi to institute the action.

​By her counterclaim, she sought the following reliefs:
a. A DECLARATION that by Sections 29(3), 32(1), 32(2), 33 and 84, Electoral Act and Section 78 of the 1999 Constitution of the Federal Republic of Nigeria, the 1st Defendant was right in rejecting and/or refusing to accept and/or accord any value to any purported list of candidate for the Ebonyi South Senatorial District bearing the name of 1st Plaintiff (being the Runner-up and the only remaining Aspirant of the 2nd Plaintiff for the said position) or any other name other than the name of the applicant upon the withdrawal of Chief Augustine Chukwu Umahi as the candidate of the 2nd Plaintiff in the forthcoming General Election.

b. A DECLARATION that the 2nd Plaintiff cannot alter, modify, amend, exclude or substitute the list of party aspirants who participated in its primary election of the party for the Ebonyi South Senatorial District held on the 28th day of May, 2022 in Ebonyi State nor remove, delete or exclude the name of the Applicant therefrom.