Ayogu Eze V. Mathew Ugwueze & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A (Delivering the Leading Judgment)

The appellant herein, as plaintiff commenced proceedings by a writ of summons issued on 1.04.11 at the Federal High Court, Enugu Judicial Division. The claims of the appellant against the respondents as set out in paragraph 70 of the statement of claim appearing at pages 26 – 27 of the Record are as follows:-

“1. A DECLARATION that the willful failure, refusal and neglect of the 3rd defendant to conduct primary for the election of Peoples Democratic Party’s Candidate for the office of member representing Igbo-Eze South State Constituency is a violation of the 3rd Defendant’s Electoral Guidelines for Primary Elections 2010 and Amended Electoral Act, 2010.

2. A DECLARATION that the 3rd defendant’s purported submission of the name of the 1st defendant as the Peoples Democratic Party’s Candidate for Igbo-Eze South State Constituency is a violation of the 3rd defendant’s Electoral Guidelines for Primary Election 2010 and Amended Electoral Act., 2010.
3. AN ORDER of the Honourable Court setting aside the Certificate of Return purportedly issued to the 1st defendant by the 3rd defendant as the 3rd Defendant’s candidate for the office of Member representing Igbo-Eze South State Constituency for being unlawful and on the ground that the 3rd defendant failed refused and neglected to conduct the primary election.
4. AN ORDER of perpetual injunction restraining the 4th defendant from recognising or registering the 1st defendant as the Peoples Democratic Party’s Candidate for the Office of Member representing Igbo-Eze South State Constituency Election Scheduled for April 16, 2011.
5. AN ORDER of perpetual injunction restraining the 1st and 2nd defendants from parading, campaigning, contesting, holding out themselves or howsoever as peoples democratic party Candidate for the Office of member representing Igbo-Eze State Constituency election schedule for April 16, 2011.
6. A DECLARATION that the Plaintiff is entitled to be the peoples democratic Party’s Candidate for the Office of Member representing Igbo-Eze South State Constituency Election Scheduled for April 16, 2011.
7. AN ORDER directing the 4th defendant to issue Certificate of Return to the 1st plaintiff as the Peoples Democratic Party’s Candidate for the office of Member representing Igbo-Eze South State Constituency.”

The 1st defendant entered appearance on 10.5.2011. While the 3rd defendant entered appearance on 17.5.2011. But none of the defendants filed any statement of defence to the claims of the plaintiff. On 17.5.2011, the 3rd defendant filed a motion on notice praying for the following:-

1. AN ORDER striking out the 2nd – 335th plaintiffs as plaintiffs in this suit.
2. Dismissing the suit in limine.

The grounds for the application as set out on the face of the motion paper are:-

(a) The named plaintiffs not being aspirants, lack the locus standi to complain of a breach of the Electoral Act or the guideline of Political Party, in the selection or nomination of a candidate for Election.

(b) The Federal High Court lacks the jurisdiction to entertain a proceeding questioning the validity of an election and/or a return at an Election or in the alternative;

(c) This suit raises questions which are academic, and devoid of any life issue, for the determination of the Honourable Court.

In opposition to the said motion on notice filed on 17.5.2011, the plaintiff filed his affidavit in opposition on 4.7.2011 and a written address.

The 1st defendant on 5.7.2011 also filed a similar motion on notice praying for the following orders:-

1. An order of court striking out the name of the 2nd to 335th plaintiffs who have no business in this suit.
2. An order of court dismissing the suit for lack of jurisdiction.

The grounds for the application are set out on the face of the motion paper.

Plaintiffs filed an affidavit in opposition as well as a written address.

The 3rd and 1st defendants argued their objection. The plaintiff responded to same. In a considered ruling delivered on 20.7.2012, the learned trial judge Agishi J. upheld the objection and struck out the suit. See pages 449 – 467 of the record.

Dissatisfied with the part of the ruling declining jurisdiction, the appellant by a Notice of Appeal dated 23.7.2012 and filed on 25.7.2012 containing three (3) grounds of appeal, appealed against the ruling of the lower court to this court.