Engr. Frank Okon Daniel Vs Independent National Electoral Commission (Inec) & Ors (2015)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The 2011 Gubernatorial Elections in Nigeria were held on the 26th of April, 2011. For this election the Peoples Democratic Party (PDP) held its primary election on the 9th day of January, 2011 to elect its Governorship candidate for Akwa Ibom State. The appellant, the 3rd Respondent and some other members of the PDP participated in the primaries. The primary election was marred by irregularities. Eventually the results were cancelled on the 14th day of January, 2011 and fresh primary elections were fixed for the 15th day January, 2011. The primary election fixed for 15th day of January, 2011 went ahead as planned. The 3rd Respondent won. The appellant was not satisfied with the conduct of the primary election and so on the 15th day of March, 2011 he filed an originating summons at an Abuja Federal High Court, which was subsequently amended. The appellants Amended Originating Summons filed on the 10th of November, 2011 presented the following question for determination:

(a) Whether Dr. Okwesileze Nwodo, the former Chairman of the Peoples Democratic Party (PDP) having been relieved of his office as chairman of PDP is not disqualified from performing the functions of that office by convening and presiding over the National Working Committee Meetings of the 2nd defendant and purportedly signing result of the re-run primary election for Akwa Ibom State and transmitting the name of the 3rd Defendant to the 1st defendant as Governorship candidate of PDP for Akwa Ibom State in the April, 2011 General/Governorship Elections.

(b) Whether the National Working Committee of the PDP is competent to dabble into primary election or nomination of candidate for Akwa Ibom Governorship elections.

(c) Whether following violations of provisions of section 87(3)(9) of the Electoral Act 2010, articles 17.1 and 17.2(a) and (b) of the 2009 Constitution of the Peoples Democratic Party as amended, in the conduct of January 15th, 2011 Governorship re-run election at Uyo Township Stadium in Akwa Ibom State, the plaintiff was not wrongly excluded or put at disadvantage in the said re-run election and the re-run consequently being invalid, wrongly incompetent, unconstitutional and of no effect.

(d) Whether the January 15th, 2011 Governorship re-run primary election in Akwa Ibom State not having been done in compliance with the provisions of part iv Articles 21(9) of the Electoral Guidelines for primary election 2010 of Peoples Democratic Party and Constitution of Nigeria is not in violation of the rights of the plaintiff, his supporters invalid wrongful and void for the purpose of nominating candidate to the 1st defendant for the Governorship election and such candidate incapable of being accepted by the 1st defendant.

(e) Whether the purported Extract of PDP’s National Working Committee Meeting dated 14th day of January, 2011 and giving one day notice of Governorship primary re-run election for Akwa Ibom State slated for 15th January, 2011 is not in violation of the provisions of Electoral Act 2010 as amended, PDP constitution. The PDP guidelines for primary election and constitution of the Federal Republic of Nigeria and therefore invalid, null and void and of no effect.

(f) Whether the 3rd defendant having failed to meet the provisions of PDP Constitution and PDP Electoral Guidelines is not disqualified from participating in the primary or re-run primary election for nomination of Akwa Ibom State Governorship candidate under platform of PDP.

(g) Whether the 2nd defendant can validly hold a special congress called a primaries in Akwa Ibom State for the purpose of nominating its Governorship candidate for April, 2011 General Elections without complying with the provisions of the Electoral Act 2010 as a amended.

(h) Whether the purported special congress fixed with one day notice for January 15th, 2011 in breach of the provisions of section 85 and 87 of the Electoral Act, 2010 as amended is not unlawful land consequently a nullity.

(i) Whether it was proper and lawful for the 1st defendant to have accepted the purported nomination of the 3rd defendant predicated on the unlawful re-run primary election of 15th January, 2011 and acted on same as Governorship candidate of the 2nd defendant for 2011 Governorship election.

(j) Whether the purported re-run primary election of January 15th, 2011 in Akwa Ibom State is not invalid for being prejudicial and in discrimination of the plaintiff and violation of the rights of the plaintiff and his supporters as guaranteed by the provisions of the Constitution of the Federal Republic of Nigeria, 1999 as amended and therefore unconstitutional and incompetent.

If these questions above are answered in the positive then the plaintiff/appellant seeks the following reliefs:

1. A declaration that the purported re-run primary election in Akwa Ibom State held on the 15th day of January, 2011 which also purportedly produced the 3rd defendant as the Governorship candidate of the 2nd defendant for the Governorship Elections in Akwa Ibom State and acceptance of same by the 1st defendant did not comply with the provisions of the Electoral Act 2010 as amended and therefore unlawful, null and void and no effect.
2. A declaration that the purported primary re-run election of 15th January, 2011 ordered by the National Working Committee presided over by Dr. Okwesileze Nwodo after his tenure had been terminated by order of Enugu Court is ultra vires. Dr. Okwesileze Nwodo and the National Working Committee of the Peoples Democratic Party and therefore invalid, unlawful, null, void and of no effect and cannot produce any valid candidate.
3. Declaration that the purported January 15th, 2011 Governorship primary re-run election for Akwa Ibom State is discriminatory and prejudicial of the plaintiff as no notice of re-run was given to him and therefore in violation of the plaintiffs constitutional rights and therefore wrongful, unlawful, null and void and of no effect.
4. Declaration that the January 15th, 2011 Governorship re-run primary election for Akwa Ibom State is in clear violation of sundry provisions of the Electoral Act, 2010 as amended, PDP Electoral Guidelines for Governorship primary election, provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended and therefore invalid, null, void and of no effect and incapable of producing the 3rd defendant as the Governorship candidate.
5. A declaration that the Akwa Ibom State re-run primary election held on 15th January, 2011 not having complied with Part iv Articles 21(a) of Electoral Guidelines for Governorship primary election (EGPR) as regards the seven days notice condition precedent to its being held is illegal, null, void and of no consequence or effect whatsoever.
6. An order returning the plaintiff as the winner of January 15th, 2011 re-run Akwa Ibom primary election of the Peoples Democratic Party and the Governorship election of April 26th, 2011 in Akwa Ibom State.

ALTERNATIVELY: