Glory Peter Imoh V. Mercy Peter Imoh & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

In the High Court of Akwa Ibom State, Eket Judicial Division, the 1st Respondent as plaintiff commenced Suit No. HEK/55/2008 through the originating summons filed on 21st May 2008. The Appellant and the 2nd and 3rd Respondents were the 1st, 2nd and 3rd Defendants. The following questions were set for determination by the plaintiff:

“1. Whether having regard to the Guidelines for Local Government General Elections issued by the 3rd Defendant, the guidelines and requirements issued by the 2nd Defendant for nomination of candidates for Local Government Elections and all other relevant enactments made for that purpose, the 1st Defendant is qualified to stand nomination and election as a councilor in the Local Government General Elections.

2. Whether having regard to the said guidelines requirements and enactments, the 2nd Defendant can present the 1st Defendant as a candidate for election as a Councilor in the Local Government General Elections as a Councilor.
3. Whether having regard to the said guidelines, requirements and enactments the 3rd Defendant can ignore same and accept the purported nomination of the 1st Defendant as a councillorship candidate for Ward 2, Oniong West Onna Local Government Area in utter disregard of the said guideline, requirements and enactments.”

The Plaintiff then sought the following reliefs against the defendants jointly and severally:

“1. A declaration that the 1st defendant is not qualified to stand nomination and election as a councilor in Local Government General Elections.

2. A declaration that it is unlawful, wrong, illegal and in breach of the 2nd Defendant’s guidelines and requirements, 3rd Defendant’s guidelines and the Constitution of the Federal Republic of Nigeria, 1999 and the relevant laws for the 2nd Defendant to nominate and present the 1st Defendant to 3rd Defendant as the candidate representing Oniong West, Ward 2, Onna Local Government Area.
3. A declaration that the plaintiff is the rightful candidate (nominee) of the 2nd defendant to represent Oniong West, Ward 2, Onna Local Government Area in the Local Government General Elections.
4. An order that the 1st Defendant’s/name should be replaced with that of the plaintiff as the candidate of the 2nd Defendants for election as Councilor representing Oniong West, ward 2, Onna Local Government Area in the June 2008 Local Government General Elections,
5. An order of injunction restraining the 1st Defendant from Parading herself as the candidate of the 2nd Defendant for election as councilor representing Oniong West Ward 2, Onna Local Government Area.
6. An order of injunction restraining the 3rd Defendant, her privies, agents and representatives from recognizing, acepting and endorsing the 1st Defendant as the 2nd Defendant’s candidate for election as a councilor for Oniong West, Ward 2, Onna Local government Area for the June, 2008 Local Government General Elections.”

The trial or hearing of the action was by the affidavit and documentary evidence of the parties as well as the written address of their respective learned counsel. In the judgment delivered on 4th February, 2010, the learned trial judge held at pages 194-195 of the record of appeal as follows:

“I therefore hold that the 2nd Defendant breached its guidelines on exhibit 5 and the 3rd Defendant’s Guidelines (Exhibit 11) when it sponsored and nominated the 1st Defendant as its candidate over the Plaintiff for the June 2008 Local Government General Election in so far as the 1st Defendant did not disengage from her civil service job as stipulated by law.

But I cannot declare that the Plaintiff was nominated and sponsored by the 2nd Defendant for that Election, as there is no evidence of such nomination/sponsor by the 2nd Defendant. The affidavit of the 2nd Defendant was an express rejection of the Plaintiff as its candidate, though it admitted her as its member, who bought the nomination form and was cleared to stand for nomination.

This case therefore succeeds in part, I hereby declare that the 1st defendant is not and was not qualified to stand nomination and election as Councilor in the Local Government General Elections 2008 and that it was wrong, illegal and in breach of the 2nd and 3rd Defendants’ Guidelines and requirements and the Constitution of the Federal Republic of Nigeria for the 2nd Defendant to nominate and present 1st Defendant to 3rd Defendant for election as the 2nd Defendant’s candidate representing Oniong West, Ward 2, Onna Local Government Area.

The 1st Defendant is hereby restrained from Parading herself as the candidate of the 2nd Defendant for the Election or as the Elected Councilor representing Oniong West Ward 2, Onna Local Government Area.

I think the necessary consequential order that should follow from this is that 3rd Defendant shall declare the person who scored the highest votes at the said Local Government General Elections 2008 in Oniong West Ward 2, upon the nullification of the candidature of the 1st Defendant to stand the election, as the Councilor elected for the Oniong West, Ward 2, Onna Local Government Area, Akwa Ibom State.

Where there was no such winner, the 3rd Defendant shall conduct election to fill such vacancy, as specified by law. The 1st Defendant shall however not be qualified to stand such election going by her ignoble role outlined in this judgment.”

The 1st Defendant (who will now be called the Appellant) was dissatisfied with the judgment of the High court (hereinafter called the lower court) and appealed to this court through the Notice of Appeal filed on 11th February, 2010 containing 8 grounds of appeal.

In prosecuting the appeal before this court, the Appellant’s Brief of Argument settled by Okon A. Okon Esq. was filed on 19th October 2010 while the Appellant’s Reply Brief was also filed.