Hon. Bassey Etim & Anor. V. Hon. Emmanuel Bassey Obot & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

AYOBODE LOKULO-SODIPE, J.C.A.

HON. EMMANUEL BASSEY OBOT as Plaintiff commenced Suit No. FHC/ABJ/CS/286/2007 by Originating Summons against (1) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC); (2) PEOPLES DEMOCRATIC PARTY (PDP); and (3) HON. BASSEY ETIM for the determination of the following questions:-

“1. Whether the purported letter of substitution of the Plaintiff with the 3rd Defendant purportedly issued by the 2nd Defendant satisfies the requirement of Section 34(1) & (2) of the Electoral Act 2006.

2. If the answer to question 1 is in the negative, whether the Defendant properly substituted the Plaintiff with the 3rd Defendant giving (sic) regard to the peculiar facts of this case.”

The reliefs sought in the Originating Summons are: –

“1. A declaration that the purported letter of substitution of the Plaintiff with the 3rd Defendant dated 5/02/07 does not contain cogent and verifiable reason for the said substitution as contemplated by the provision of Section 34(1) & (2) of the Electoral Act, 2006.

2. A Declaration that the exclusion of the name of the Plaintiff for the April 2007 general Election as the candidate representing Uyo Federal Constituency is wrongful, null and void.
3. A Declaration that for the purpose of the Election to the House of Representatives the Plaintiff is the candidate of the 2nd Defendant validly nominated and not substituted.
4. An order setting aside the substitution of the Plaintiff for not being in conformity with the provisions of Section 34(2) of the (sic) Act 2006.
5. A (sic) order directing the 1st Defendant to forthwith place the name of the Plaintiff on the ballot as the candidate of the 2nd Defendant representing Uyo Federal Constituency in April General Election to the National Assembly.
6. An order of perpetual injunction restraining the 1st and 2nd Defendants from recognizing or continuing to recognize the 3rd Defendant as the candidate of the 2nd Defendant for the House of Representatives election scheduled for April, 2007.”

The case was entertained by the Federal High Court, Abuja presided over by Hon. Justice Abimbola O. Ogie, The said Federal High Court (hereinafter simply referred to as “the court below”) delivered its judgment in the case on 17th May, 2007, At page 194 of the Records, the court below in its judgment answered the questions for determination thus:-

“Question 1 is in the affirmative, the letter of substitution does not satisfy section 34(1) and (2) of the Electoral Act.

Question 2, is also in the affirmative, the 1st defendant (sic) was not properly substituted for the plaintiff with the 3rd defendant as regards the facts herein.”

Given its answers to the questions for determination as reproduced above, the court below at pages 194 – 195 of the Records, proceeded to make the following orders: –

“(1) A declaration that the purported letter of substitution of the plaintiff with the 3rd defendant of 5/2/07 does not contain cogent and verifiable reasons for the said substitution as contemplated by the provision of section 34(1) and (2) of Electoral Act 2006.

(2) A declaration that the exclusion of (sic) name of plaintiff for April general election as candidate for Uyo Federal Constituency is unlawful, null and void.

(3) A declaration that for the purpose of the election plaintiff is the candidate of the 2nd Respondent validly nominated and not substituted.

(4) I hereby set aside the substitution of plaintiff for not being in conformity with the provision of section 34(1) and (2).

Relief (sic) 5 and 6 of the relief (sic) are completed acts and cannot lie.”