Hon. Dr. Okechukwu Udeh V. Barrister Handel Okoli (2009)

LAWGLOBAL HUB Lead Judgment Report

S. N ONNOGHEN, JSC

This is an appeal against the judgment of the Court of Appeal Holden at Abuja in Appeal NO.CA/A/102/2007 delivered on the 4th day of June, 2007 allowing the appeal of the present 1st respondent against the judgment of the Federal High Court, Holden at Abuja in Suit NO. FHC/ABJ/CS/188/2007 delivered on the 19th day of April, 2007.

The appellant, as plaintiff, instituted Suit NO. FHC/ABJ/CS/188/07 at the Federal High Court Holden at Abuja by way of writ of summons claiming the following reliefs against the defendants/respondents jointly and severally: –

“1. Declaration that the option of changing or substituting a candidate whose name is already submitted to the 1st defendant INEC by a political party is only available to a political party and/or INEC under the Electoral Act, 2006 if the candidate is disqualified by a court order.

Declaration that under section 32(5) of the Electoral Act, 2006 it is only a court of law by an order that can disqualify a duly nominated candidate of a political party whose name and particulars have been published in accordance with section 32 (3) of the Electoral Act, 2006.

Declaration that there are no cogent and verifiable reasons for the 1st and 2nd defendants to change the name of the plaintiff with that of the 2nd defendant as the candidate of the People’s Democratic Party (PDP) for the April 21st, 2007 election into the Federal House of Representative for Orumba North/South Federal constituency in Anambra State.

Declaration that it is unconstitutional illegal and unlawful for the 1st and 2nd defendants to change the names of the plaintiff with that of the 2nd defendant as the Federal House of Representatives candidate of the People Democratic Party (PDP) for Anambra State in the forth coming National Assembly Election in Anambra State after the plaintiff has been duly nominated and sponsored by the People’s Democratic Party as its candidate and after the 1st defendant has accepted the nomination and sponsorship of the plaintiff with a cleared certificate issued by the 3rd defendant and published the name and particulars of the plaintiff in accordance with section 32(3) of the Electoral Act, 2006, the 3rd defendant having failed to give any cogent and verifiable reasons and there being no High Court order disqualifying the plaintiff.

Declaration that the decision to substitute or the substitution of the name of the plaintiff who has acquired a vested right and without being afforded a hearing before the decision to substitute his name is null and void for violating the provision of section 36 of the 1999 constitution which guarantees the plaintiff’s right to fair hearing.

An order setting aside the purported steps taken by the 1st and 3rd defendants purporting to substitute the name of the plaintiff with that of the defendant as the candidate of the People’s Democratic Party (PDP) for the April, 21st 2007 general election into the Federal House of Representatives for Orumba North and South Federal Constituency in Anambra State.

An order for mandatory injunction compelling the 1st defendant, its agents, privies or howsoever called to recognize the plaintiff as the candidate of the Peoples Democratic Party for the April 21st, 2007 General Election into the Federal House of Representatives for Orumba North and South Federal Constituency in Anambra State.

An order of perpetual injunction restraining the defendants jointly and severally by themselves, their agents, privies or assigns from changing or substituting the name of the plaintiff as the Anambra State Peoples Democratic Party National Assembly candidate for the April, 2007 Anambra State Federal House of Representatives Election unless or until a court order is made disqualifying the plaintiff and/or until cogent and verifiable reasons are given as required under section 34(2) of the Electoral Act, 2006.

The 2nd defendant counter claimed against the plaintiff/appellant in the following terms:-

(a) A declaration that having been indicted by a judicial panel and such indictment having been re-accepted by Anambra State House of Assembly who impeached him the plaintiff/1st defendant is not qualified to contest the April 21st 2007 Election into the Orumba North and South Federal Constituency of Anambra State.

(b) An order restraining the INEC i.e. the 2nd defendant (in the counter claim) from accepting the plaintiff as candidate for the elections or changing the name of the counter-claimant with that of the plaintiff.