Nwite v. PDP & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Lead Judgment)

The Appellant, along with the 3rd Respondent and other aspirants, contested, won and was declared the winner of the 1st Respondent’s re-scheduled primary election conducted on the 4th June, 2022, for the selection/election of a candidate for the Ezza-North/Ishielu Federal Constituency of Ebonyi State for the House of Representatives election in 2023.

After the declaration of the Appellant as the winner of the said primary election with 46 out of 74 votes cast, the Appellant was approached to withdraw from the race and when he refused, the 1st Respondent forwarded the name of the 3rd Respondent who scored zero (0) vote, to the 2nd Respondent on the 17th June, 2022, as its candidate for the said Federal Constituency for the 2023 election into the House of Representatives.

Expectedly, the Appellant approached the Federal High Court, Abakaliki (trial Court) by way of originating summons filed on the 29th June, 2022 and sought for the following declarations and orders:-

“(a) A DECLARATION that by application of the combined provisions of Section 84 (5) (i) and (ii) of the Electoral Act, 2022, Part IV, Article 7, 8, 9(a), (e) of the PDP Electoral Guidelines for Primary Elections, 2022, and the materials before this Court, the plaintiff in this Originating Summons is entitled to have his name submitted by the 1st Defendant to the 2nd Defendant as the PDP candidate for House of Representatives for Ezza/Ishielu Federal Constituency, Ebonyi State for the 2023 general election having polled the highest number of void votes in the primary election of the party held on the 4th day of June, 2022.

(b) A DECLARATION that substitution of the name of the plaintiff (Barr. Emmanuel Nnabuike Nwite) with the name of the 3rd Representative for Ezza North/Ishielu Federal Constituency, Ebonyi State for the 2023 general election is contrary to the provision of the Electoral Act, 2022, the Part IV, Article 7, 8, 9, (a), (e) of the PDP Electoral Guidelines for Primary Elections, 2022.

(c) A DECLARATION that the submission of the name of the 3rd Defendant (Dr. Johnson Obinna Nwachukwu) by the 1st Defendant (Peoples Democratic Party) on the 17th day of June, 2022 as PDP candidate for House of Representatives for Ezza North/Ishielu Federal Constituency, Ebonyi State for the 2022 general election and its publication on the 24th June, 2022 is contrary to the provision of the Electoral Act, 2022 the Constitution of the People Democratic Party, 2017, and Part IV, Article 7, 8, 9, (a) (e) of the PDP Electoral Guidelines for Primary Elections, 2022 and therefore null and void.

(d) AN ORDER of Court directing the 1st Defendant to submit the name of the Plaintiff to the 2nd Defendant and substitute/replace the name of the 3rd Defendant with the name of the plaintiff as PDP candidate for House of Representatives for Ezza North/Ishielu Federal Constituency, Ebonyi State for 2023 general election.
(e) AN ORDER of Court directing the 2nd Defendant to accept and recognize the plaintiff as the PDP candidate for House of Representatives for Ezza North/Ishielu Federal Constituency, Ebonyi State for the 2023 general election.

(f) AN ORDER retraining the 2nd Defendant, INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) from recognizing the 3rd Defendant, (Dr. Johnson Obinna Nwachukwu) as PDP candidate for House of Representatives for Ezza North/Ishielu Federal Constituency, Ebonyi State for the 2023 general election.
(g) AN ORDER restraining the 3rd Defendant (Dr. John Obinna Nwachukwu) from parading himself as the PDP Ezza North/Ishielu Federal Constituency, Ebonyi State for the 2023 general election.

(h) AN ORDER OF MANDATORY INJUNCTION setting aside any steps whatsoever taken by the 1st and 2nd Defendants towards recognizing, forwarding, submitting, or accepting the 3rd Defendant as the PDP candidate for House of Representatives for Ezza North/Ishielu Federal Constituency, Ebonyi State for the 2023 general election.

(i) A DECLARATION that by the provisions of Section 31 of the Electoral Act, 2022; and the Party Guidelines 2022 primaries, the name of the plaintiff as the elected candidate cannot be withdrawn, substituted, or changed without the written letter of withdrawal voluntarily made by the plaintiff in the circumstance of this case.
(j) Cost of this action.
(k) AND for such further order(s) as the Honourable Court may deem fit to make in the circumstances of this case in the interest of justice.

Questions Issues for Determination.
A 28 paragraphs initial Affidavit deposed to by the Appellant was filed in support of the reliefs and further Affidavits were subsequently filed in reaction to the Counter Affidavits filed by the 1st and 3rd Respondents in opposition to the suit. Copies of documents were attached to the Affidavits and relied on by the parties.

In a judgment delivered by the trial Court on the 28th July, 2022, which appears at pages 297 – 308 of the Record of Appeal, the Appellant’s suit was dismissed after a review of the evidence and issues in the following terms:-
“This Court was also referred to relief A in the Originating Summons which talks of election that took place on 4/6/2022. This Court was also urged to discountenance the processes filed by the 1st Defendant on the ground that it was filed out of time and in adopting his process, the said process was not regularized.

Having gone over the issues this Court is called upon to determine on the backdrop of the reliefs being sought in the Originating Summons and the facts deposed to in the supporting Affidavit thereof. I am left with no doubt that this suit lacks merit. I prefer the arguments of the 3rd Defendant and resolve all the issues in favour of the 3rd Defendant against the Plaintiff.