Chief Francis Uchenna Ugwu & Ors V. Peoples Democratic Party & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On the 1st of February, 2011, the plaintiffs, now appellants herein, commenced Suit No PHC/ABJ/CS/105/2011 by originating Summons in the Federal High Court at Abuja. The Suit was later transferred by the Honourable Chief Judge of the Federal High Court to Enugu Judicial Division of the Court and renumbered FHC/EN/CS/47/2011. In the said originating Summons, the plaintiffs claimed for the determination of the following questions

(i) Whether the procedure for the nomination and/or sponsorship of candidates for elective offices recognized by the Electoral Act 2010 and the Constitution of the Federal Republic of Nigeria 1999 is within the exclusive domain of section 87 of the Electoral Act 2010 as amended;

(ii) Whether having determined the manner or procedure of conducting the mandatory party primaries for the purpose of nomination and sponsorship of candidates for elective offices recognized by the Electoral Act 2010 and the Constitution of the Federal Republic of Nigeria 1999, a political party (such as the 1st defendant) is at liberty to ignore, disregard or abandon the outcome of the primaries as conducted.

(iii) Whether each of the plaintiffs, that is, Chief Francis Uchenna Ugwu, Emeka Innocent Aba, Eugene Onyebuchi Odo, Charles Ifeanyi Ogbuanya and Augustina Isiani who took part and participated in the primaries held on various dates in the month of January 2011, by the 1st defendant, for the nomination of candidates in respect of the Enugu North Senatorial District, Igboeze North/Udenu Federal Constituency, Udenu State Constituency, Uzo Uwani State Constituency and Nsukka East State Constituency respectively, and won, are entitled to have their names forwarded to the 2nd defendant by the 1st defendant as persons eligible to contest the general elections 2011 as candidates of the People Democratic Party.

The appellants stated therein that if the answers to the above questions are in the affirmative, each will seek a declaration that he is the person entitled exclusively to have his name submitted by the 1st respondent to the 2nd respondent as the candidate for election into a particular National Assembly Seat or State House of Assembly Seat as the case may be for his Constituency in the 2011 general elections on the platform of the 1st respondent, injunction to restrain the 1st respondent from submitting any other names other than the names of the appellants herein as candidates of the 1st respondent for the said elections and an order of injunction restraining the 2nd respondent from accepting the name of any other person or persons in place or in substitution for the appellants as candidates for the elections aforesaid on the platform of the 1st respondent.

The affidavit in support of the Originating summons contained the facts upon which the appellants relied for their Suit. The Summary of the facts therein are as follows. The Plaintiffs are members of the People’s Democratic Party, a registered Political Party. Each of them polled the highest number of votes at the end of Voting at a Special Congress of the PDP held in their respective National Assembly or State House of Assembly constituency in Enugu North Senatorial District and was accordingly declared the Winner of the Primaries of the Party, to be the Party’s candidate at the 2011 General Elections into National Assembly and State House of Assembly seats. The said Primaries to elect the 1st respondent’s candidates for State House of Assembly and National Assembly Elections held on 9th January 2011 and 11th January 2011, respectively, following the directives of the National Executive Committee of the PDP to all State Chapters of the Party throughout the Country and relevant Notices to hold the said primaries.

The Officials of the 2nd respondent were present at each of the aforesaid primaries conducted by the 1st respondent for the purpose of determining who will be its flag bearers for the forthcoming general elections to be held later the same year. The said primaries were organized by an electoral Panel appointed by the National Executive Committee of the 1st respondent for that purpose.

The appellants visited the National Secretariat of the PDP on the 28-1-2011 to collect requisite eligibility forms, which said forms are to be completed by successful candidates at the primaries, but no such forms were given to any of them. Upon inquiring, they were given reasonable grounds to suspect that the said forms have been given to persons other than themselves. It became obvious that the appellants intended to deny them the fruits of their success at the said respective primaries conducted. It is on the basis of these facts that the appellants commenced this suit at the trial court.

When this Suit was commenced there were only two defendants. Subsequently, when the 3rd to 7th respondents became aware of the pendence of the Suit, they applied to be joined as defendants. They were accordingly joined by order of the trial court.

The 1st respondent entered an unconditional appearance. The 2nd respondent entered a conditional appearance. All the respondents filed counter affidavits in opposition to the Originating Summons and the supporting affidavit. The Summary of the facts deposed to in the counter affidavits particularly that of the 1st defendant are as follows:- On 10th and 11th January 2011, the Party Primaries for election of 1st respondent’s candidate for the State House of Assembly and National Assembly Seats held in Enugu West and Enugu East Senatorial Districts. The Primary elections did not hold in Enugu North Senatorial District. The then National Chairman of the 1st respondent did not allow the primaries in Enugu North to hold as he insisted on single-handedly selecting the appellants as the Candidates to represent the 1st respondent at the general elections, without them having been elected by the special congresses of the party. After creating this problem, the then National Chairman of the 1st respondent suddenly ceased to be the National Chairman of the Party on 12-1-2011. Several reports and complaints were made to the National Assembly Primary Election Appeal Panel as well as the National Working Committee of the Party that the Party Primaries were hijacked by the then National Chairman. The 3rd and 4th Respondents in particular wrote complaining that the electoral Panel did not go to the designated venue of the primaries, where the voters waited till evening in vain. It is as a result of these protests that the National Executive Committee of the Party set up another electoral Panel to conduct a re-run of the Primaries. The re-run held on 20-1-2011 and was observed by the 2nd respondent’s Officials. The appellants participated in the re-run and lost the primaries.

The 3rd – 7th respondents secured the highest numbers of votes in their respective election primaries and were declared elected. The re-run results were validated by the 2nd respondent. The 3rd -7th respondents were presented by the 1st respondent to the 2nd respondent as the party’s candidates for the general elections to the various legislative Houses seats for Enugu North Senatorial District. The appellants were not given eligibility forms because they did not win the re-run elections. Along with their counter-affidavit, the respondents exhibited the list of voters who voted at the re-run and the results for each primary election in Enugu North on 20-1-2011.

The appellants filed a further affidavit in support of the originating Summons. Therein paragraphs 7-29 of the counter-affidavit of the 3rd – 7th respondents were generally denied. It is also stated therein inter alia.

(1) That the results exhibited as R1 to R5 in the said counter affidavit related to result of National Assembly Primary Election 2010.