Hon. Chudi Jones Onyereri V. Hon. (Mrs.) Juliet Obasi Akano & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI (PJ) : (Delivering the Leading Judgment)

This is an appeal against the Ruling of the Federal High Court, Owerri, presided over by Hon. Justice F. A. Olubanjo delivered on 20/6/2011 in Suit No. FHC/OW/CS/119/2011, between HON. (MRS.) JULIET OBASI AKANO VS. (1) PEOPLES DEMOCRATIC PARTY, (2) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC), (3) CHUDI JONES ONYERERI.

The 1st Respondent herein was the Plaintiff before the lower court. She instituted an action against the Appellant and two others seeking these reliefs:

(a) A declaration that the purported primaries held by the 1st Defendant on the 8th day of January, 2011 to determine its candidate for the Nwangele/Isu/Njaba/Nkwerre Federal constituency is contrary to section 87 of the Electoral Act, 2010 and the Election Guidelines for the Primary Election 2010 of the Peoples Democratic Party and thus illegal, void and of no effect whatsoever.

(b) An Order of Court setting aside the purported primaries and nomination of the 3rd Defendant as the candidate of the 1st Defendant for election into the seat of member representing Nwangele/Isu/Njaba/Nkwerre Federal Constituency in the National Assembly.

(c) An injunction perpetually restraining the 2nd Defendant from including the 3rd Defendant as the candidate of the 1st Defendant for the election into the seat of member representing Nwangele/Isu/Njaba/Nkwerre Federal constituency in the National Assembly in the 2011 General Elections.

(d) An Order of court directing the 1st Defendant to hold the Special Congress as prescribed by the Electoral Act and the Election Guidelines for the Primary Election 2010 of the Peoples Democratic Party for the purposes of determining the candidate to contest election on its platform for the seat of members representing Nwangele/Isu/Njaba/Nkwerre Federal Constituency in the National Assembly in the 2011 General Elections.

(e) And any general or other reliefs, which may be given as a judge may think just as if it had been asked for.

The grouse of the 1st Respondent is that she and other aspirants were screened and declared qualified to contest the primary election slated by the 3rd Respondent herein (who was the 1st Defendant at the lower court) to hold on 5/01/2011 for the purpose of electing the 3rd Respondent’s candidate for the Nwangele/Isu/Njaba/Nkwerre Federal Constituency in Imo State in the General Election into the Federal House of Representatives originally fixed for 2/4/2011 but held on 9/4/2011. The 1st Respondent, other aspirants and delegates on the said 5/01/2011 waited at the Headquarters of the said Federal Constituency i.e. the Headquarters of Nkwerre L.G.A, for the conduct of the said primaries by the officials of the 3rd Respondent but none showed up.

In the evening, the peddled rumours had it that the primaries had been shifted to 6/01/2011. On the said 6/1/2011, the officials of the 3rd Respondent did not come again. Consequently, on the 7/01/2011, the 1st Respondent proceeded to the state office of the 3rd Respondent whereat the state chairman of the 3rd Respondent informed her that the Federal Constituency primaries for the constituency was fixed for 9/01/2011 after the senatorial primaries fixed for 8/01/2011.

However, on the 8/01/2011, the 1st Respondent received a call from one of her supporters, that the Federal Constituency primaries was holding at the Grasshoppers International Stadium, Owerri, outside the said Federal Constituency. That the 3rd Respondent did not publish the 8/01/2011 as the date for the said primaries neither, the venue nor the time. When the 1st Respondent rushed to the venue she was denied entry by men in uniform who told her that the primaries was conducted and concluded, consequent upon which the 3rd Respondent announced the Appellant as the winner of the purported primaries. The 1st Respondent appealed to the Appeal panel set up, but no response till date.

The Appellant however has it that the Appellant, the 1st Respondent and other aspirants on the 8/01/2011 contested the primary election of the 3rd Respondent to elect the 3rd Respondent’s candidate for the Nwangele/Isu/Njaba/Nkwerre Federal Constituency in Imo State in the General Election into the Federal House of Representatives fixed originally for 2/4/2011 but held on 9/04/2011. That at the end of the primary Election held on 8/01/2011, the Appellant polled 437 votes being the winner with the highest number of votes cast while the 1st Respondent had 79 votes being the fourth. That the 1st Respondent did not challenge the outcome of the primaries election pursuant to Section 87(9) of the Electoral Act, 2011 (as amended) but procrastinated for almost a month after the Appellant’s name had been submitted to the 2nd Respondent by the 3rd Respondent on 31/01/2011, before filing Suit No. FHC/OW/CS/119/2011. The Appellant upon being served with the suit filed a Notice of preliminary objection challenging the jurisdiction of the lower court to entertain the suit, on the grounds that the political party having submitted the name of the Appellant as its candidate, the lower court is robbed of jurisdiction to determine choice of candidate for the political party. The lower court did not uphold the preliminary objection, hence this appeal.

The Appellant’s appeal vide a Notice of Appeal dated 20/6/2011 and filed on 14/7/2011 raised a single ground of appeal. However, on 30/9/2013, this honourable court granted the Appellant extension of time to file and argue 2 additional grounds of appeal contained in Exhibit A titled “Proposed Additional Grounds of Appeal” in a motion dated and filed 21/11/2011. I hereunder reproduce the grounds of appeal without their particulars:

GROUNDS OF APPEAL: