Hon. (Dr) Harry N. Oranezi V. Peoples Democratic Party & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment)

The appellant herein as the plaintiff in Suit No. FHC/AWK/CS/24/2015 filed in the Federal High Court, holden at Awka sought the following reliefs against the respondents in this appeal.

1. ?A DECLARATION that the Plaintiff having polled the majority of votes at the 1st Defendant?s primary election conducted on 7th December, 2014, for emergence of its candidate for Nnewi North/South/Ekwusigo Federal House of Representatives Constituency in the Federal House of Representatives election scheduled for 14th February, 2015 is the candidate of 1st Defendant at the February, 2015 general elections.
2. DECLARATION that Plaintiff having polled majority of votes at the said 1st Defendant?s primary election was entitled to have his names as 1st Defendant?s candidate for Nnewi North/South/Ekwusigo Federal House of Representatives Constituency in the Federal House of Representatives Constituency in the Federal House of Representatives election, 2015 submitted by 2nd & 3rd Defendants to the 8th Defendant.
3. Declaration that Plaintiff

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having been declared the winner of the said primary election under Section 87 (4) (c) of Electoral Act, 2010 (as amended), he cannot be substituted with 4th Defendant. Albeit 5th Defendant, both of who lost the primary election under the Electoral Guidelines for Primary Elections 2014 of Peoples Democratic Party and Electoral Act (supra).

4. PERPETUAL MANDATORY INJUNCTION compelling the 1st- 3rd & 6th Defendants to recognize the Plaintiff as the Candidate of the 1st Defendant, and in that behalf accord him all perquisites? as the 1st Defendant?s Candidate for the Federal House of Representatives election, 2016 in respect of Nnewi North/South/Ekwusigo Federal House of Representatives Constituency.?

The case of the appellant as gleaned from his statement of claim is that he contested and won the primary conducted by the 1st respondent on 7th December, 2014 to elect its candidate for Nnewi North/South/Ekwusigo House of Representatives Constituency general election. He contested the primary with the 4th and 5th respondents. According to him, his name was substituted with the name of the 4th respondent as the winner of the said

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primary. In a twist of event, the 5th respondent?s name was submitted and accepted by the 6th respondent as the 1st respondent?s candidate to contest the general election into the Nnewi North/South/Ekwusigo House of Representatives constituency.

Upon service of the processes on the respondents, the 1st -3rd respondents filed a notice of preliminary objection and prayed the Court to strike out the suit on the ground that the complaint of the appellant revolves around the internal affairs of a political party which the Court lacks the power to adjudicate upon and that the appellant?s case cannot be compartmentalized within the provisions of Sections 87 (4) and 87 (9) of the Electoral Act, 2010 (as amended). The Court in a considered ruling delivered on 19th March, 2015 upheld the objection and struck out the suit for lack of jurisdiction.

?The appellant is aggrieved by the ruling and has appealed to this Court on two grounds of appeal contained in the Amended Notice of Appeal filed on 2nd October, 2015 but deemed as properly filed and served on 8th October, 2015. The two grounds of appeal without their particulars are as follows:<br< p=””

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?GROUND ONE-ERROR IN LAW

The Court below erred in law when it declined jurisdiction to hear and determine the Appellant?s suit before it on the premise that the suit was intra party feud or internal affairs of a political party when the suit was justiciable and a complaint cognizable under Section 87(4) (c) & (10) of Electoral Act, 2010 (as amended).

GROUND TWO-MIXED LAW AND FACTS