Chukwudi Okasia V. Ejike Oguebego & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Federal High Court, Abuja Division (“the Lower Court” for short) delivered on 5th December, 2014 in suit No. FHC/ABJ/CS/854/2014 in which the Lower Court granted all the reliefs sought by the 1st and 2nd respondents (qua plaintiffs).

The suit was commenced by an originating summons in which the 1st and 2nd respondents raised five questions for the court’s determination and sought the following reliefs:

“1. A declaration that the 1st defendant cannot legally and validly set up a caretaker committee or any other body whatsoever when the order of interlocutory injunction made by this Honourable court in suit No.FHC/PH/CS/213/2013 Now suit No.FHC/AWK/CS/247/2013 – EJIKE OGUEBEGO and 2 OTHERS V. PEOPLES DEMOCRATIC PARTY and 1 other (which order and suit is also subject of pending appeal before the Port Harcourt Judicial Division of the Court of Appeal in suit No.CA/PH/764/2013 PEOPLES DEMOCRATIC PARTY V. EJIKE OGUEBEGO and 3 OTHERS) is still subsisting and subject of an appeal.

2. A declaration that the purported caretaker committee set up by the 1st defendant is an illegal and unconstitutional body when the tenure of the EJIKE OGUEBEGO led State Executive Committee of the People’s Democratic Party Anambra State Chapter which will only lapse on the 16th day of March, 2016 is still subsisting, functioning and duly recognized by the court and the 2nd defendant.
3. A declaration that the acts, decisions and any delegates list or nominated candidates that may emanate from the congress and primaries conducted by the caretaker committee set up by the 1st defendant is illegal, invalid, unconstitutional and therefore null and void and of no effect whatsoever nor can the said list be used for any purpose for the conduct of the 2015 general election with regards to Peoples’ Democratic Party, Anambra State Chapter.”
4. An order of this Honourable Court that the defendants in this case are bound to recognize, deal with and accept the list of delegates and nominated candidates that may emanate from the congress and primaries conducted by the plaintiff in this case.
5. An order of perpetual injunction restraining the 1st defendant, its agents, servants, privies, assigns, officials whatsoever name they may be called from forwarding, sending, or submitting to the 2nd defendant any delegates list or nominated candidates that may emanate from the congresses and primaries conducted by the plaintiff in this case.
6. An order of perpetual injunction restraining the 2nd Defendant, its agents, servants, privies, assigns, officials whatsoever name they may be called from accepting or receiving any delegate list or nominated candidates that may emerge from the congress or primaries conducted by the purported caretaker committee set up by the 1st defendant for the Peoples’ Democratic Party, Anambra State Chapter except those that emanate from the plaintiffs.
7. An order of this Honourable Court that the defendant – Peoples’ Democratic Party by the purported appointment of a caretaker committee to oversee, run the affairs and conduct election for the Peoples’ Democratic Party, Anambra State Chapter is in flagrant disobedience and contempt of the order of this Honourable Court made by Hon. Justice S. E. Chukwu on the 19th day of October, 2014 and 14th day of November, 2014 in KEN EMEAKAYI V. PEOPLE’S DEMOCRATIC PARTY and 6 OTHERS.
8. An order of this Honourable Court disbanding, nullifying and setting aside the illegal caretaker committee set up by the 1st defendant to oversee, run the affairs and conduct the elections for the People’s Democratic Party, Anambra State Chapter.
9. An order of this Honourable Court re-affirming the orders of interlocutory injunction given in Suit No. FHC/PH/CS/213/2013 (Now Suit No.FHC/AWK/CS/247/2013). – EJIKE OGUEBEGO and 2 OTHERS V. PEOPLE’S DEMOCRATIC PARTY AND 3 OTHERS pending the hearing and determination of the appeal before the Port Harcourt Judicial Division of the Court of Appeal in suit No.CA/PH/764/2013 – PEOPLES’ DEMOCRATIC PARTY V. EJIKE OGUEBEGO and 3 others and
10. For such further order(s) as this Honourable Court may deem fit to make in the circumstances”

Dissatisfied with the judgment of the Lower Court, the appellant filed two notices of appeal, one on 9/12/2014 and the second on the 12/12/2014. At the hearing of the appeal, the appellant abandoned the first notice of appeal leaving the second notice of appeal as the extant notice of appeal.

In his brief of argument filed on 15/12/2014, Arthur Obi Okafor, (SAN), of counsel for the appellant, formulated four issues for the determination of the appeal. The issues are:-

“(i) Whether the learned trial judge was right when it assumed jurisdiction over 1st and 2nd respondents originating summons.

(ii) Was the court below right in its judgment whenever having held that it was not deciding the question of leadership of Anambra State Chapter of PDP it proceeded to hold that it is the list of nominated candidates of PDP, Anambra State emanating from the primaries conducted by the 1st and 2nd respondents and no other that should be used in the general election.

(iii) Whether the 1st and 2nd respondents’ action was not an abuse of court Process.

(iv) Whether the court below was right in impugning the appointment of the 3rd respondent’s ad-hoc committee that conducted the primaries of the 3rd respondent and in ordering the 4th respondent not to accept the result of the said primaries but to accept the list of nominated candidates of PDP emanating from the congresses and/or primaries conducted by the 1st and 2nd respondents (who claim to be State Executive of the Anambra State Chapter of the People’s Democratic Party).

On his part, Solomon Umoh (SAN) of counsel for the 1st and 2nd respondents, adopted the issues formulated by appellant’s counsel.

It must be mentioned that the notice of preliminary objection filed by Senior Counsel for the 1st and 2nd respondents was withdrawn by him and was struck out while the preliminary objection contained in his brief was not argued by him during the hearing of the appeal. I accordingly discountenance the arguments of senior counsel regarding the preliminary objection.

It must be stated that the 3rd and 4th respondents did not file briefs of arguments.

Senior counsel for the appellant proffered the following arguments on the issues formulated in his brief.