Chief Ikie Aghwarianovwe v. Peoples Democratic Party & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

The appeal herein is against the judgment of the Court of Appeal, Asaba Judicial Division which affirmed the judgment of the Federal High Court, Asaba Division which had earlier dismissed the appellant’s suit for incompetence and want of jurisdiction as well as lack of merit.

The appellant and the 2nd respondent both contested the 1st respondent’s primary election for the nomination of its gubernatorial candidate for Delta State ahead of the 2023 general elections.

At the conclusion of the primary election, the 2nd respondent emerged victorious with 597 votes, while the appellant scored zero. Dissatisfied with the outcome of the primary election, the appellant instituted suit No. FHC/WR/CS/32/2022 between: Chief Ikie Aghwarianovwe v. PDP & 9 Ors. praying that the court disqualifies the 1st respondent from fielding any candidate in the Delta State gubernatorial election.

The suit was dismissed by the trial court, and so was the appellant’s appeal. In addition to dismissing the appeal, the Court of Appeal adjudged the appeal as an abuse of court process and awarded costs of N9 million against the appellant. The appellant further appealed to this court against the decision of the lower court, but discontinued same by filing a notice of discontinuance.

On 13th October, 2022, the appellant commenced the suit culminating in the instant appeal by virtue of a writ of summons and statement of claim. This time, the claim of the appellant was that the 2nd respondent was not qualified to contest for the office of Governor of Delta State by reason of having provided false information in support of his constitutional requirements to contest for the office. In his statement of claim, the appellant sought the following reliefs:

“(1) A declaration that the information, particulars and documents contained in the 3rd defendant’s INEC Form EC9 given by the 2nd defendant duly sworn to by him on 30th June, 2022, submitted by the 1st defendant and published by the 3rd defendant on the 4th of October, 2022, for the 2023 General Election to the office of Governor of Delta State contains false information as they relate to the 2nd defendant’s constitutional requirement for the said office, contrary to Section 29(5) & (6) of the Electoral Act, 2022.

(2) A declaration that the personal information, particulars and documents contained in the 3rd defendant’s INEC Form EC9 given by the 2nd defendant duly sworn to by him on 30th June, 2022, submitted by the 1st defendant and published by the 3rd defendant on 4th of October, 2022 for the 2023 General Election to the office of Governor of Delta State contain false information as they relate to the 2nd defendant’s constitutional requirement for the said office, contrary to section 29(5) & (6) of the Electoral Act, 2022 and disqualifies the 2nd defendant from contesting for the said office at the General Election in 2023.

(3) A declaration that the personal information, particulars and documents contained in 3rd defendant’s INEC Form EC9 given by the 2nd defendant and duly sworn to by him on 30th June, 2022, submitted by the 1st defendant and published by the 3rd defendant on 4th of October, 2022 for the 2023 general election to the office of Governor of Delta State contains false information as they relate to the 2nd defendant’s constitutional requirement to contest for the said office and having been sponsored by the 1st defendant, the 1st defendant stands disqualified under section 29(6) of the Electoral Act, 2022 from sponsoring the 2nd defendant or any other candidate for the office of Governor of Delta State in the 2023 General Election.

(4) A declaration that the 3rd defendant lacks the vires to act on or recognize the 2nd defendant as the candidate of the 1st defendant, the 2nd defendant having submitted to the 3rd defendant personal information, particulars and documents contained in the 3rd defendant’s INEC Form EC9 which contains false information relating to the constitutional requirement of the 2nd defendant to contest for the office of Governor of Delta State in the 2023 General Election for Delta State.

(5) An order disqualifying the 2nd defendant sponsored by 1st defendant from contesting the election to the office of Governor of Delta State in the 2023 General Election.

(6) An order disqualifying the 1st defendant from sponsoring the 2nd defendant or any other candidate for the office of Governor of Delta State in 2023 General Election pursuant to section 29(6) of the Electoral Act, 2022.

(7) An order restraining the 2nd defendant from parading himself as a candidate for the office of Governor of Delta State in the 2023 General Election.

(8) An order restraining the 1st defendant from parading the 2nd defendant or any other candidate, as her candidate in the 2023 General Election to the office of Governor of Delta State.