Chief Reagan Ufoma Vs. Independent National Electoral Commission (Inec) (2017)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The Appellant commenced this action by an originating summons at the Federal High Court, Umuahia, Abia State on the 27th January, 2015. He sought for the determination of the following questions:-

(i) Whether the 2015 Governorship Primaries Election in Abia State conducted on the 8th of December, 2014 at Colping Centre, Umuahia under the supervision of Chief Chris Uche, the Deputy National Chairman, South of the 2nd Defendant is valid, the Notional Chairman of the 2nd Defendant having been restrained by an order of Court.

(ii) Whether the 1st Defendant is bound to recognize and publish the name of the Plaintiff who scored the highest number of votes at the 2015 Governorship Primaries Election conducted on the 8th of December, 2014 under the supervision of Chief Christ Uche, the Deputy National Chairman, South of the 2nd Defendant, the National Chairman of the 2nd Defendant having been restrained by an order of Court.

(iii) Whether the 1st Defendant has any power to recognize. and publish the name of the 3rd Defendant as the 2nd Defendant’s 2015 Governorship

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candidate in Abia State when he neither won the Primaries election conducted on the 8th of December, 2014 or even qualified to run for any elective office under the platform of the 2nd Defendant since he is yet to regularize his membership of the 2nd Defendant.

(iv) Whether the 1st Defendant was right to have continued to deal with the 4th Defendant notwithstanding that this 2nd term in office as Chairman of the 2nd Defendant has expired by exclusion of time.

(v) Whether the 3rd Defendant having made false declaration on oath to the 1st Defendant is not disqualified from running for the office of Governor of Abia State.

Upon the consideration of the questions above, the Appellant sought from the Trial Court the following reliefs:-

(i) “A declaration that the 2015 Governorship Primaries Election in Abia State conducted on the 8th of December, 2014 at Colping Centre, Umuahia in compliance with the 2nd Defendant’s Constitution and Section 87(1), (4)(b) of the Electoral Act (As amended) under the supervision of Chief Chris Uche, the Deputy National Chairman, South of the 2nd Defendant, the National Chairman of the 2nd Defendant

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having been restrained by an order of Court, is valid.

(ii) A declaration that the Plaintiff is the validly elected 2015 Governorship Candidate of the 2nd Defendant in Abia State through Primaries conducted on the 8th of December, 2014 at the Colping Centre. Umuahia in compliance with the 2nd Defendant’s Constitution and the Electoral Act (As amended) under the supervision of Chief Christ Uche, the Deputy National Chairman, South of the 2nd defendant, the National Chairman of the 2nd Defendant having been restrained by an order of Court.