Chief T.A. Orji V. Onyema Ugochukwu & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SULEIMAN GALADIMA, J.C.A. (OFR)(Delivering the Lead Ruling)

GENERAL INTRODUCTION: (Parties set out according to respective applications)

In the 4 consolidated Motions dated and filed on 30/10/09 No. CA/OW/EPT/167M/2009, CA/OW/EPT/168M/2009, CA/OW/EPT/169M/2009, and CA/OW/EPT/182M/2009 dated and filed on 30/10/2009 the Applicants herein prayed this court for an order setting aside respectively the judgments of this court in Appeals No. CA/PH/EPT/197/2008, CA/EPT/197B/2008; CA/PH/EPT/197D/2008 and CA/PH/EPT/197E/2008 all delivered on 11/2/2009 on the grounds that they are a nullity and that the appeal be heard by another panel of Justices of the Court of Appeal. In each application the grounds for the relief sought have been set out.

Similarly, in another set of 5 consolidated motions No CA/OW/EPT/170M/2009; CA/OW/EPT/171M/2009; CA/OW/EPT/172M/2009; CA/OW/EPT/173M/2009; CA/OW/EPT/183M/2009; dated and filed on 30/10/2009 the Applicant (Peoples Democratic Party PDP) herein prayed this court for an order setting aside, respectively, the judgments of this court in Appeals No. CA/PH/EPT/197/2008; CA/PH/EPT/197A/2008; CA/PH/EPT/197C/2008; CA/PH/EPT/197D/2008; CA/PH/EPT/197F/2008; all delivered on 11/2/2009 on the grounds that they are a nullity and that the appeals be heard by another Panel of Justices of the Court of Appeal.

In each application the grounds upon which it is anchored have been set out. In support of each application is copious Affidavit of many paragraphs with an avalanche of documents annexed as Exhibits. These will be referred to in the consideration of each application. In further support of the Applications, and in response to the counter-affidavit of the Respondents, the applicants filed further Affidavits with additional documents annexed as Exhibits.

In further opposition to the applications, the Respondents articulated and raised preliminary objections to which the Applicants further replied.

On appreciating the contentious nature of the applications this court ordered all parties to file and serve their written addresses.

After unfortunate and protracted events that culminated in the hearing of the applications they were, however, heard on 24/6/2010. Chief M.I. Ahamba K.S.C. (SAN), leading a team of other learned counsel for the 1st and 2nd Applicants, identified their FOUR consolidated applications already set out above. He equally identified their written addresses, the written Addresses of all the Respondents in opposition to the Applicants’ Motion on Notice all dated and filed on 30/10/2009. The Applicants in these FOUR set of Applications replied to the written addresses in respect of the preliminary objection, wherever raised. Compendium of list of additional authorities was made available and submitted for our consideration.

Having adopted and placed reliance on the processes filed by the Applicants herein, learned Senior counsel then urged this Court to grant the applications.

On the other hand, in the second set of consolidated applications, the learned senior counsel D.C. DENWIGWE SAN, leading other counsel for the Applicant (Peoples Democratic Party- PDP), identified all the applications (set out above) all dated and filed on 30/10/2009. He equally identified the written addresses in respect of the said applications. The Respondents’ written addresses, in opposition to the applications and in respect of preliminary objections were equally identified. Without further amplification on the Applicants’ addresses, Learned Senior Counsel has urged the court to allow the applications to set aside the various judgments of this court listed in the respective applications of the applicants.

CHIEF WOLE OLANIPEKUN, SAN leading a team of counsel for the 1st and 2nd Respondents (Chief T.A. ORJI and Chris Alozie Komas), identified all the counter affidavits in opposition to the 1st and 2nd set of Consolidated Applications to set aside judgments of this court and all the Exhibits annexed. To each application a Notice of preliminary objection was raised. To each of the preliminary objections learned senior counsel filed a motion dated 16th but filed on 20th of April 2010 to set down the preliminary objections for hearing. To each of the written addresses of the applicants, he has responded. The addresses of the said 1st and 2nd Respondents were incorporated in the arguments on the preliminary objection. Learned senior counsel, however, sought to withdraw his motion on Notice dated 13th May but filed on the 28th May, 2010 in respect of each of the applications and these were all struck out.

Having submitted a list of additional authorities, learned senior counsel then adopted his addresses and urged the court to disallow the applications and accordingly dismiss them.

N.O.O. OKE Esq. is the learned counsel for the 3rd Respondent (Progressive Peoples Alliance – PPA) in both set of consolidated applications. In opposition to the 9 applications, 9 counter-affidavits were tried. In response to the written addresses of the Applicants, the 3rd Respondent filed their written addresses, incorporating in each argument in respect of their preliminary objection. Consequent upon the foregoing learned counsel has urged the court to dismiss all the applications on the ground that they are abuse of the court process.

LIVY UZOUKWU, SAN, O.O.N. is the Learned Senior Counsel for the 2nd – 2891st Respondents (Independent National Electoral Commission (INEC) and its staff), and 3rd – 2891st Respondents in the second set of consolidated applications. Learned Senior advocate in reacting to all the 9 applications, filed counter-affidavit, 9 notices of preliminary objection. Written addresses were also filed in response to the applications.