Hon. Patrick C. Onuoha V. Chief R.B.K. Okafor Chairman N.p.p. & Ors (1983)

LawGlobal-Hub Lead Judgment Report

OBASEKI, J.S.C. 

At the conclusion of the addresses of counsel (for the parties) to this Court in this appeal on the 15th day of August, 1983, I dismissed the plaintiff/appellant’s appeal and I deferred my reasons till today. I now give my reasons.

Proceedings in this matter were commenced by the plaintiff in the High Court of Justice of Imo State at Owerri by a writ of summons bearing an endorsement of claim which reads as follows:

”The plaintiff claims against the defendants jointly as follows:

1. A declaration that the decision of the Nigerian Peoples’ Party Nomination Elections Petition panel on Tuesday 19th April, 1983 nullifying the nomination election for the Owerri Senatorial Nigerian Peoples’ Party candidature of 21st March, 1983 is null and void being contrary to natural justice, equity and good conscience.
2. A declaration that the nomination election results announced by the presiding officer for the nomination election for the Owerri Senatorial District N.P.P. candidature on March, 21 1983 is valid and subsisting as being in accordance with the guidelines for the said election.
3. An injunction restraining the Nigerian Peoples’ Party from submitting the name of Hon. Isidore Obasi or any name other than that of Hon. P.C. Onuoha to the Federal Electoral Commission as the N.P.P. candidate for Owerri Senatorial District seat in the 1983 general elections.”

Claim 2 was on the 11th day of May, 1983 withdrawn with the leave of the court. No order striking out the claim was made by the court. With the withdrawal of claim 2 which is for a declaratory judgment that the nomination election result of 21st March, 1983 which was in favour of plaintiff’s candidature is valid and existing, the plaintiff was left with claim 1 and claim 3. Claim 1 which is for a declaratory judgment nullifying the decision of the election petition panel which set aside the nomination of the plaintiff to contest the senatorial seat on the sponsorship of the N.P.P. and claim 3 which is for injunction to restrain the N.P.P. from submitting the name of Hon. Isidore Obasi the 3rd defendant or any name other than that of the plaintiff/appellant to the Federal Electoral Commission as the N.P.P. candidate for Owerri senatorial district in the 1983 general election have one singular aim in view. The claims are, in my view, aimed at getting the N.P.P. to sponsor the, appellant for the election to the Senate.

In their amended statement of defence, the 3rd defendant set up a counterclaim in paragraph 19 as follows:

“19. The 3rd defendant hereby counter-claims against the plaintiff as follows:

‘A declaration that the nomination lists for the N.P.P. nomination election for Owerri senatorial district and the actual conduct of the election on 21st March, 1983 were full of irregularities contrary to the party Guidelines and Directions and that the result of the election is invalid and of no effect”

At the hearing, however, the counter-claim was not proceeded with. It was withdrawn by counsel and the court then struck it out. Following this withdrawal, the appellant had second thoughts about claim 2. He applied to have it restored and it was later restored after the conclusion of the evidence for the defence. At the conclusion of evidence and counsel’s addresses, the learned trial Chief Judge, Oputa, C.J. delivered a well considered judgment granting the two declarations and the order of injunction sought and dismissing the counter-claim.

In the penultimate paragraph of his judgment, he observed, commented and held as follows:

“In this case, the officers who conducted the nomination election of 21st March, 1983 were 2nd defendant’s N.P.P. officers; the nominators were N.P.P. nominators; the chairman (sic) of the different local government areas, who authenticated the nominators were N.P.P. officers, the guidelines were N.P.P. guidelines, exhibit 15 to exhibit 24 were prepared by the N.P.P. I hold the view that the election of 21st March, 1983 resulting in exhibit 7 was in substantial conformity with the N.P.P.’s constitution, Exhibit 3 and N.P.P. guidelines and this court will, as was done in the case of Young v. Ladies Imperial Club Ltd. (1929) 1 OB 81, not be too meticulous in scrutinising any alleged irregularities.

I therefore hold that exhibit 7 is still subsisting, valid and binding between the plaintiff and the 2nd defendant. Following naturally from above, the plaintiff’s claim No.2 succeeds, and the counter-claim fails. I hereby dismiss the counter-claim.

What of the injunction in claim No.3

On the authority of Foley v. Classique Coaches Ltd. (supra) Claim No.3 automatically succeeds. All the plaintiff’s claims therefore succeed and I make the following declarations………………”