All Progressives Grand Alliance (APGA) & Ors v. Independent National Electoral Commission (INEC) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLUDOTUN A. ADEFOPE-OKOJIE, JCA (Delivering the leading judgment)

This is a pre-election appeal against the decision of the Federal High Court, Owerri Division, delivered by B. O Quadri, J on December 6, 2022, dismissing the claims of the appellants, as plaintiffs before the court. Aggrieved, the appellants appealed to this court, by notice of appeal filed on 20th December, 2022.

Summary of facts

The 1st appellant, APGA, as 1st plaintiff before the lower court, conducted a primary election for Ideato North/South General Constituency of Imo State wherein the 2nd respondent, Uzoagunobi Chinedu Obinna, emerged as the winner, in consequence of which his name was forwarded to the 1st respondent (INEC) as the 1st appellant’s candidate for Ideato North/ South Federal Constituency election in the 2023 General Election.

The 2nd respondent, by a notice of Withdrawal, however withdrew from contesting in the election which caused the 1st appellant to conduct a fresh primary election in which the 2nd appellant was elected as the candidate to replace the 2nd respondent in the 2023 general election for the said Constituency.

The 1st respondent was duly informed of the notice of withdrawal and the subsequent fresh primary election to replace the withdrawn candidate.

In spite of these notifications, the 1st respondent published the name of the 2nd respondent on 20/9/2022 as the candidate of the 1st appellant, rather than the substituted 2nd appellant. 

In consequence, the appellants filed an originating summons on 28/9/2022, in which they formulated 5 questions for the determination of the lower court and seeking 7 reliefs, as follows:

i. Whether having regard to section 33 of Electoral Act, 2022 the nomination of the 2nd plaintiff as the candidate of the 1st plaintiff for Federal House of Representatives for Ideato North/South Federal Constituency of Imo State is validly made regard being had to the withdrawal of the 2nd defendant in writing from contesting the Federal House of Representatives election in 2023.

ii. Whether the 1st plaintiff is allowed to change or substitute to the 1st defendant, the withdrawn candidate whose name has been submitted to the 1st defendant, the withdrawn candidate having expressed his withdrawal in writing in compliance with the requirements of section 31 of the Electoral Act, 2023.

iii. Whether the nomination of the 2nd plaintiff by the 1st plaintiff is in compliance with the proviso to section 33 of the Electoral Act, 2022, to warrant the submission of his name as the candidate of the 1st plaintiff for the Ideato North/South Federal Constituency, Imo State to the 1st defendant for the Federal House of Representatives Election in 2023.

iv. Whether in the circumstances of the case the 1st defendant was wrong to have excluded the name of the 2nd plaintiff in the list of the candidate published on its web site on 20/9/22 as a candidate of the 1st defendant of Ideato North/ South Federal Constituency, Imo State for the Federal House of Representative election in 2023 general election.

v. Whether the wrongful inclusion of the name of the 2nd defendant in the list of candidates contesting for the Federal House of Representatives election for Ideato North/South Federal Constituency of Imo State under the platform of the 1st plaintiff (APGA) is not illegal, null and void and of no effect whatsoever regard being had to sections 31 and 33 of the Electoral Act, 2022.

a. A declaration that the nomination of the 2nd plaintiff by the 1st plaintiff as its candidate of Ideato North/South Federal Constituency of Imo State for the Federal House of Representatives election in 2023 general election is valid having been made in compliance with the provisions of the Electoral Act.