Chief Ikechi Emenike V. Peoples Democratic Party & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court, Abuja delivered on the 28th day of February 2011.

Briefly the facts of the case are that the Appellant who was the Plaintiff of the trial Court instituted the suit which led to this appeal by way of originating summons where he sought for determination of five questions and also prayed for 11 reliefs.

The said questions for determination and the reliefs sought are hereby set out as follows:-

QUESTIONS FOR DETERMINATION

(1) Whether having regard to section 221, 222 and 223 of the Constitution of the Federal Republic of Nigeria 1999 and sections 85 and 86 of the Electoral Act 2010 (as amended) it is unlawful for the 1st Defendant to refuse to submit to the 3rd Defendant, the name of the plaintiff who was screened, cleared and duly elected by majority of lawful votes cast by accredited delegates at the primary election held by the Abia State Congress of Peoples Democratic Party on 10th January 2011, to elect the Abia State Gubernatorial candidate of the party for the 2011 general election, which primary was conducted by the State Executive Committee of the party recognized by the INEC and confirmed upon prior enquiry from its official records.

(2) Whether having regard to the combined effect of sections 221, 222 and 223 of the Constitution of the Federal Republic of Nigeria 1999 and section 87(1), (4) and (6) of the Electoral Act 2010, which, among other things guarantees, recognize and prescribe the mode of conducting party primaries only on democratic principles or basis, and which enjoins parties to submit to the Independent National Electoral Commission (INEC) the name of candidate who emerged winner at State Congress of the party, the 1st and 2nd Defendants have the power to disqualify or reject Plaintiff candidature which was the choice of the delegates of the State Congress and adopt instead by arbitrary fiat, the 4th Defendant as the candidate of the 1st Defendant for the Office of Governor of Abia State in the 2011 General Election.

(3) Whether having regard to section 87(6) of the Electoral Act 2010 (as amended) the 1st Defendant is not bound to submit to the 3rd Defendant the name of 1st Plaintiff as the 1st Defendant’s Gubernatorial Candidate for Abia State in the 2011 general election, being the only aspirant of the 1st Defendant who presented himself for primary election and was confirmed by the accredited delegates with overwhelming majority votes at the State Congress of the 1st Defendant held on 10th January 2011.

(4) Whether in view of the sections 33 and 87(6) of the Electoral Act 2010 (as amended) and having acquired vested interest in the party ticket as the duly elected Gubernatorial Candidate of 1st Defendant in the primary election of the 1st Defendant, conducted at the Abia State Party Congress held on 10th January, 2011, the plaintiff candidature can be rejected, disregarded, revoked, reversed, annulled, re-assigned to, or be substituted with 4th Defendant or any other person when the plaintiff being still alive, has not withdrawn his candidature to contest on the platform of the 1st Defendant at the General election.

(5) If question 4 is answered in the negative, whether and having regard to section 221 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) the plaintiff, in the eye of the law is the candidate of the 1st Defendant, entitled to all the benefits of his candidature as flag bearer of the 1st Defendant, eligible to contest and be voted for on the platform of the 1st Defendant in respect of the Office of Governor of Abia State at the 2011 general election, in the event that 1st, 2nd and 3rd Defendants conspire, fail, refuse or neglect to take all necessary steps required under the Electoral Act 2010 (as amended) to ensure that plaintiff’s name is duly submitted, published before the date of the election and placed on the ballot for use in the conduct of the Abia State Gubernatorial Election in 2011.

RELIEFS CLAIMED

(1) “A DECLARATION that by virtue of sections 221, 222 and 223 of the Constitution of the Federal Republic of Nigeria, 1999 and Sections 85 and 86 of the Electoral Act 2010 (as amended) the 1st Defendant is bound to submit to 3rd Defendant the name of plaintiff who was screened, cleared and duly elected by majority of lawful votes cast by accredited delegates at the primary election or congress of the Abia State Chapter of the Peoples Democratic Party (PDP) held on 10th January, 2011, to elect the Abia State Gubernatorial candidate of the party in the 2011 general election, which primary was conducted by the State Executive Committee of the party recognized by the INEC and confirmed upon prior enquiry from its official records.

(2) A DECLARATION that the combined effect of section 221, 222, 223 of the Constitution of the Federal Republic of Nigeria, 1999 and Section 87(1)(4) and (6) of the Electoral Act, 2010 which, among other things guarantee, recognize and prescribe the mode of conducting party primaries only on democratic principles or basis, and enjoins parties to submit to the Independent National Electoral Commission (INEC) the name of candidate who emerged winner at State Congress of the Party, the 1st and 2nd Defendants have NO power to disqualify or reject plaintiff being the choice of the delegates at the Abia State Congress.

(3) A DECLARATION that the 1st and 2nd Defendants cannot by arbitrary fiat or through any illegal method adopt the 4th Defendant or any other person other than the plaintiff as the candidate of the 1st Defendant for the Gubernatorial Elections in Abia State in the 2011 General Elections.