APC & Ors v. Anambra State INEC & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, J.S.C. (Delivering the Lead Judgment)

This is an appeal by the Appellants against the decision of the Court of Appeal in appeal no. CA/E/620/2017 delivered on 23rd January, 2019, wherein the Court below allowed the appeal of the 1st and 2nd Respondents who were the Appellants therein.

The facts leading to this appeal as can be gleaned from the record are as stated hereunder.

In the High Court of Anambra State of Nigeria, the Appellants as plaintiffs instituted this action (suit No. A/182/2016) against the Respondents.

The Originating Summons is dated 20th April, 2016 and filed on 29th April, 2016 wherein the appellants sought the following reliefs, thus:- (See pages 1 to 10 of the record)

“1. A DECLARATION that by virtue of the provisions of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 4(1) and 59 of the Local Government Law 1999, Law No. 5, Vol. 10 Anambra State government Notice Official Gazette No. 2 the system of Local Government including the 21 (twenty-one) Local Government Councils in Anambra State by democratically elected Local Government Councils is guaranteed,

2. A DECLARATION that the provision of Section 208(3)(A) of the Local Government Law, 1999 Law No. 25 Vol. 10 Anambra State Notice No. 2 (as amended) by Section 3(A) and (B) of the Local Government Amendment No. 4 Provisions Law, Law 2010 of Anambra State, 2010 which allows the defendants to appoint a Caretaker committee, Transition Committee or howsoever called for an arbitrary period of time, to the position of Chairman of the 21 (Twenty one) Local Government Councils in Anambra State are inconsistent with Section 7(1)(4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and are therefore unconstitutional, null and void.
3. A DECLARATION that the defendants’ appointment, and selection, of 9th to 29th defendants as Transition Committee and/or a caretaker Committee Chairmen of the 21 (twenty-one) Local Government Councils in Anambra State is a violation of Section 7(1) and (4) of the Constitution of the Federal Republic of Nigeria, 1999 and Section 4(1) and 59 of the Local Government Law of Anambra State 1999 Law No. 5, Vol. 10, Anambra State Government Official Gazette Notice No. 2.
4. A DECLARATION that by virtue of Section 70(3) of the Local Government Law, of Anambra State 1999 (as amended) the tenure of office of a Local Government Council Chairman in Anambra State is two (2) years commencing from the date of the first sitting of the Council.

5. A DECLARATION that the defendants have no power to abridge, reduce or elongate/extend the tenure or term of office of the 9th to 29th Defendants being a democratically elected Local Government Chairmen without a law validly passed by the 5th and 6th Defendants.
6. A DECLARATION that the continued occupation of the office of the Chairman of the 21 (twenty-one) Local Governments Councils in Anambra State by the 9th to 29th Defendants after January 12th, 2016 is illegal and a violation of Section 4(1) and 59 of the Local Government Law, of Anambra State, 1999 Law No. 5 Vol. 10 Anambra State Government Official Gazette Notice No. 2.
7. A DECLARATION that the 5th and 6th defendants have no powers to confirm the appointment of Transitional Committees or Caretaker Committee appointed by the 3rd and 4th defendants for the twenty-one Local Governments Councils in Anambra State.
8. AN ORDER OF PERPETUAL INJUNCTION restraining the 9th to 29th defendants or any other person appointed by the 7th, 8th and 9th defendants from further occupation of the office of the Chairman of the 21 (twenty one) Local Governments after the expiration of their tenure/term of office on 12th January, 2016.

9. A DECLARATION that the failure, refusal and neglect of the 1st and 2nd Defendants to appoint a date for the 2015 Anambra State Local Government election and to conduct the said election is a breach of Section 64(1) of Local Government Laws of Anambra State, 1999.
10. A DECLARATION that the 1st and 2nd defendants have no powers to lawfully conduct the 2015 elections into the Local Government Chairmanship Council of the twenty one Local Government Councils in Anambra State outside the statutory period provided in Section 64(2) of the Local Government Law of Anambra State, 1999 (as amended)
11. AN ORDER OF PERPETUAL INJUNCTION restraining the 3rd, 4th, 5th, 6th, 7th and 8th Defendants (1st set of defendants) whether by themselves, their servants, agents, privies, surrogates, staff, appointees, officers, of the All Progressive Grand Alliance and Members thereof or however called or any person acting through the defendants and/or on the instructions or directives of the defendants from further appointing or selecting any person as Chairman and Members of the purported transition Committee or Caretaker Committee to occupy the office or the Chairman of the 21 (twenty-one) Local Government Councils in Anambra State.

12. AN ORDER of Court directing and compelling the 1st and 2nd defendants to issue Certificate of Return to the 2nd to 22nd claimants being the deemed elected candidates at the close of period of nomination for the 2015 Local Government Council Election for the twenty-one Local Governments Areas in Anambra State.
13. AN ORDER directing that the 2nd to 22nd claimants’ tenure/term of office as the deemed elected candidates at the close of period of nomination for the 2015 Local Government Council election for the twenty-one Local Government Areas in Anambra State shall be two (2) years commencing from the date of the first sitting of the Council.
14. AN ORDER OF PERPETUAL INJUNCTION restraining the 1st and 2nd defendants, whether by themselves, their servants, agents, privies, surrogates, staff, appointees, officers, adhoc staff or howsoever called or any person acting on their behalf on their instructions or directives from conducting any other 2015 Anambra State Local Government Council election outside the statutory period provided in Section 64(2) of the Local Government Law of Anambra State, 1999 (as amended).”

The Appellants also formulated seven questions for determination of the Originating Summons thus:-

“1. Whether upon a proper interpretation of the provisions of Section 7(1) and (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 3(1) and Section 4(1) of the Local Government Law, Anambra State, 1999 (as amended), the existence of a democratically elected government system in the twenty-one Local Government in Anambra State is guaranteed.

2. Whether the provisions of Section 208 of the Local Government Law of Anambra State, 1999 (as amended) which allows the defendants to appoint a Caretaker Committee or Transition Committee or howsoever called for a defined or undefined period of time, to the position of Chairman of each of the 21 (twenty-one) Local Government Councils in Anambra State is inconsistent with Section 7(1)(4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and are therefore unconstitutional, null and void.

3. Whether by the provisions of the Constitution of Nigeria, 1999, the 1st set of defendants have powers to appoint or select a transition committee or caretaker committee to the position of the Chairmen of each of the 21 (twenty-one) Local Government Councils in Anambra State without conducting a Local Government election.
4. Whether the defendants have powers to abridge, extend and reduce or elongate the tenure or term of 9th to 25th democratically elected twenty-one Local Government Council in Anambra State without a law validly passed by the 5th and 6th defendants.
5. Whether the 1st and 2nd defendants are in violation of Section 64(1) of the Local Government Law (supra) for failure to appoint a date for Local Government election.
6. Whether the claimants are entitled to an Order of Injunction against the defendants in this case.
7. Whether the 2nd to 22nd claimants are entitled to be issued a Certificate of Return as the deemed elected Candidates at the close of period of nomination for the 2015 Local Government Council election for the twenty-one Local Government Areas in Anambra State.”

The gravamen of their suit was predominantly on the constitutionality or otherwise of Section 208 of Local Government Law of Anambra State, 1999 (as amended) vis-a-vis Section 7 (1) of the 1999 Constitution of the Federal Republic of Nigeria 1999, (as amended).

The Appellants also challenged the appointment or selection of the 9th – 29th Respondents as Chairmen of the Transition Committee in the 21 Local Government Areas in Anambra State, made pursuant to the provisions of Section 208(2) and (3) of the Local Government Law of Anambra State.

The Appellants felt that since all the Political Parties in Anambra State except the APC, the first Appellant herein, refused to nominate candidates for the Local Government election, the 2nd – 22nd Appellants deserve to be issued Certificate of Return as deemed democratically elected candidates at the close of nomination of candidates for the 2015 Local Government Council election.

Given the failure of all political parties to nominate candidates for Local Government Election, the Governor in exercise of his powers under Section 208(2) of the Local Government Law of Anambra State forwarded to the Anambra State House of Assembly a list of persons for election into the Transition Committee.

The contention of the Appellants at the trial Court and the Court of Appeal is that Section 208(2) – (6) of Local Government Law of Anambra State is inconsistent with Section 7 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and therefore unconstitutional, null and void. Consequently, since it was only APC that allegedly nominated candidates for the election, the appellants (i.e. 2nd – 22nd) urged to be deemed elected and ought to be issued Certificates of Return.

Both the trial Court and the Court below disagreed with the Appellants. In its judgment, the trial Court held that Section 208(2) of the Local Government Law of Anambra State is not inconsistent with Section 7 (1) of the 1999 Constitution. It also reminded the Appellants that failure of other political parties to nominate candidates for the election will not automatically make them “elected” in view of Section 64(4) of the said law.