Hon. Chief Ogbuefi Ozomgbachi V. Mr. Dennis Amadi & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The two appeals have a common source. Their fountain head was the suit No.FHC/ABJ/CS/1026/2014 brought on the originating summons by the Appellant herein against the three Respondents (as defendants) in each of the two appeals. It is therefore right that the two appeals be taken together, especially as the issues for determination in the two appeals are almost identical.

The Appellant, as the plaintiff, sought the Federal High Court to determine the following three(3) questions and sought nine (9) reliefs, namely:

1. QUESTION FOR DETERMINATION

a. Having regard to the Subsisting judgment of the Federal High Court in suit No.FHC/ABJ/CS/816/2014 BARR. ORJI CHINENYE GODWIN & ORS v. PEOPLES DEMOCRATIC PARTY & 4 ORS, the Ward Congress held by the 2nd Defendant in Udi and Ezeagu LGAs in Enugu State remain the only valid and authentic Ward Congress for the purpose of conducting Primary Election for the selection/nomination of the PDP candidate for the Udi and Ezeagu Federal Constituency.

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Whether the selection/nomination of the 2nd Defendants candidates for the office of Member Federal House of Representatives in the forthcoming General Election can be conducted except by the Ad hoc delegates elected/selected at the Ward Congress held on 1st November, 2014 in Udi and Ezeagu LGA as per the subsisting Judgment of the Federal High Court in suit No.FHC/ABJ/CS/816/2014 aforesaid.

c. Whether the Plaintiff having been elected/nominated by the approved and authentic delegates at the primary election held on 6th December, 2014 for the selection/election of the PDP candidate for Udi and Ezeagu Federal Constituency for the forthcoming General Elections, his name ought to be submitted to the 3rd Defendant as the PDP candidate for the election to the offence of the Member Federal House of Representatives for Udi and Ezeagu Federal Constituency.

2. UPON THE DETERMINATION OF THE FOLLOWING (SIC-FOREGOING) QUESTIONS, THE PLAINTIFF SEEKS THE FOLLOWING RELIEFS:

i. A DECLARATION that by the subsisting final judgment suit No.FHC/ABJ/CS/816/2014, the Ward Congress held by the 2nd Defendant for the Udi and Ezeagu LGA on 1st November, 2014 for the purpose of electing the Ad hoc delegates for the conduct of the

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Primary Election for Udi and Ezeagu Federal Constituency is valid, authentic and only legitimate Ward Congress for the conduct of primary election in Udi and Ezeagu Federal Constituency.

ii. A DECLARATION that the Ad hoc delegates elected/selected at the Ward Congress held on 1st November 2014 by the 2nd Defendant as per the subsisting Judgment in suit No.FHC/ABJ/CS/816/2014 are the only valid and legitimate delegates under the PDP Constitution and electoral Guidelines 2014 for the purpose of electing/selection/nominating the PDP candidate for the election to the office of Member House of Representatives for Udi and Ezeagu Federal Constituency.

iii. A DECLARATION that the primary election conducted by the delegates elected at the Ward Congress referred to above and which said primary election was conducted on 6th December, 2014 is valid, legitimate and subsisting.

iv. A DECLARATION that the plaintiff having been elected/selected/nominated as the winner of the primary election conducted on 6th December, 2014 is the duly selected/elected candidate of the 2nd Defendant whose names and particulars should be submitted to the 3rd Defendant under the Electoral Act, 2010, as amended.

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