All Progressives Congress v. Ugonna Iroakazi (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the judgment of the Federal High Court sitting at Umuahia, delivered on the 20th day of January 2023 by M. G. Umar, J. (hereafter referred to synonymously as ‘the trial Judge’/ ‘lower court’), in favour of the 1st respondent, as applicant before the court. Aggrieved, the appellants filed a seven ground notice of appeal on 1st February, 2023.

Facts of the case:

The case of the 1st respondent, who was the applicant in the originating summons filed by him at the lower court, is that he was the candidate of the 1st appellant for the Umuahia Central State Constituency in Abia State, at the direct primary election of the 1st respondent held on 26th May 2022 and duly monitored by INEC, the 3rd respondent, wherein he emerged victorious.

He was issued with INEC Forms, which he filled and returned to the 1st appellant to be forwarded to the 3rd respondent (INEC).

To his utmost shock, it was the name of the 2nd respondent, Mr. Kenneth Adighibe, that was forwarded and uploaded to the 3rd respondent’s portal on the 15th day of July, 2023.

Consequently, he filed an originating summons seeking the following declaratory reliefs:

A declaration by virtue of sections 29(1), (3) and 84 of the Electoral Act, 2022, and the 4th respondent’s report on the APC Governorship and State Assembly Primaries for Abia State dated the 31st day of May, 2022, the acceptance and publication of the name of the 3rd respondent by the 4th respondent as the candidate of the 1st respondent for the Umuahia Central State Constituency in the 2023 general election on the 21st day of July, 2022 are unlawful, null and void and no effect.

A declaration that the surreptitious dropping, change and/or replacement of the name applicant as duly nominated candidate of the 1st respondent for the Umuahia Central State Constituency in the 2023 general election with that of the 3rd respondent and uploading of the name of the 3rd respondent by the 1st respondent on the portal of the 4th respondent on the 15th day July, 2022 and the publication of the 3rd respondent’s name by the 4th respondent on the 21st day July, 2022 are unlawful and a contravention of sections 29(1), (3) and 84 of the Electoral Act, 2022.

An Order directing the 1st and 2nd respondents to forward the name and personal particulars of the applicant to the 4th respondent forthwith as the 1st respondent’s duly nominated candidate for the Umuahia Central State Constituency in the 2023 general election.

An order directing the 4th respondent to substitute the name of the 3rd respondent earlier forwarded to it by the 1st and 2nd respondents with name of the applicant and to also publish the applicant’s name as the duly nominated candidate of the 1st defendant for Umuahia Central State Constituency in the 2023 general election forthwith either with or without the 1st and 2nd respondents forwarding the applicant’s name to the 4th respondent.

And for any further order(s) as this honorable court may deem fit to make in the circumstances.

The case of the appellants, however, is that the primary election conducted by the 1st appellant for the Umuahia North State Constituency in Abia State was an indirect primary election from which the 2nd respondent emerged as the winner and his name forwarded to the 3rd respondent.

Upon being served with the originating summons, the appellants and the 2nd respondent filed preliminary objections challenging the competence of the action. The lower court, in its judgment, ruled on the preliminary objections and dismissed them. It proceeded to the consideration of the substantive suit and found in favour of the 1st respondent, granting the reliefs sought by him. Aggrieved, the appellants filed the instant appeal to this court on 01/02/2023.