Hon. Tobias Chuks Egeonu V. The Independent National Electoral Commission (INEC) & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the Federal High Court holden at Umuahia Judicial Division delivered by His Lordship, Honourable Justice F.A. Olubanjo on 21/3/2013, in Suit NO. FHC/UM/CS/90/2011, between Hon. Tobias Chuks Egeonu v. (1) Independent National Electoral Commission (2) The Resident Electoral Commissioner, Abia State (3) The Electoral Officer, Umunneochi L.G.A. (4) Returning Officer, Umunneochi State Constituency (5) Prince Ikedi Ezekwesiri, wherein the claims of the Appellant hereinbefore the Plaintiff at the lower court was struck out for want of jurisdiction.

The Appellant at the lower court on 26/10/2011 vide a Writ of Summons instituted an action at the Federal High Court against the Respondents heretofore the Defendants, claiming the following reliefs:

(i) A declaration that the plaintiff who was validly nominated by his political party duly participated and or contested the House of Assembly Election for the Umunneochi State Constituency of Abia State held on the 26th day of April, 2011.

(ii) A declaration that the exclusion and or deletion of the Plaintiff’s name and that of his political party by the Independent National Electoral Commission (INEC) from the comprehensive/final list containing the results of candidates who contested the House of Assembly Election for the Umunneochi State Constituency held on Tuesday the 26th day of April, 2011 was deliberate and or fraudulent.

(iii) A declaration that the deliberate exclusion and or deletion of the plaintiff’s name and that of his political party from the comprehensive/final list of candidates who contested the House of Assembly Election for the Umuneochi State constituency of Abia State held on 26th day of April, 2011 was unlawful.

(iv) A declaration that the non publication of the Plaintiff’s results and non inclusion of plaintiff’s name and that of his political party in the comprehensive/final list of candidates who contested the House of Assembly Election aforesaid was unlawful.

(v) A declaration that the Independent National Electoral Commission (INEC) as a result of this deliberate and fraudulent exclusion of the Plaintiff’s name and that of his political party from the said comprehensive/final list of candidates who contested the said House of Assembly Election for the Umunneochi State Constituency seat of Abia State frustrated and or foreclosed the plaintiff from challenging the wrongful election and return of the 5th Defendant at the Governorship/Legislative Houses Election Petition Tribunal sitting in Umuahia, Abia State within the stipulated time frame allowed under the law.

(vi) A declaration that the 5th Defendant at the material time of the election into the Umunneochi State Constituency seat of the Abia State House of Assembly was not qualified to contest the election, the 5th Defendant having presented to the Independent National Electoral Commission (INEC) forged certificates which act at the time was made known to the “Commission” and even to the electorate before the election.

(vii) An order of this Honourable Court declaring as null and void the wrongful election and return of the 5th Defendant as the winner of the House of Assembly Election for the Umunneochi State constituency seat held on the 26th day of April, 2011. This flowing from the fact that the Plaintiff was deliberately frustrated and or foreclosed by the Independent National Electoral Commission (INEC) from challenging the said wrongful election and return of 5th Defendant at the Governorship/Legislative Houses Election Petition Tribunal sitting in Umunneochi Abia State within the stipulated time frame allowed under the law.

(viii) An order of the Honourable Court that fresh elections be held in Umunneochi State Constituency for the House of Assembly seat considering the unlawful maltreatment meted out on the Plaintiff by the Independent National Electoral Commission (INEC) so as to finally determine the legitimate representative of the said Constituency.

(ix) The sum of N10,000,000,00 (Ten Million Naira) only being General Damages against the 1st Defendant for the complained acts of irregularity, fraudulent and malicious frustration and or foreclosure of the Plaintiff’s chances of challenging the wrongful election and return of the 5th Defendant at the Governorship/Legislative Houses Election Petition Tribunal sitting in Umuahia, Abia State within the stipulated time frame allowed under the law.

The facts leading to this appeal are that the Appellant at the lower court, who was a registered member of All Progressive Grand Alliance (APGA) and a native of Umudim Ngodo Isu-Ochi in Umunneochi L.G.A of Abia State, contested the general election into the Abia State Constituency seat of Abia State held on 26/4/2011 against the 5th Respondent. After the election, the 1st Respondent declared the 5th Respondent the winner of that election and consequently duly returned.

Nonetheless, the Appellant after a period of six (6) Months, precisely on 26/10/2011, filed an action against the Respondents at the Federal High Court seeking for the reliefs hitherto listed. Consequently, the Respondents filed a Preliminary Objection to the jurisdiction of the Federal High Court to entertain the matter for the reason that it was a post election matter having being statute and time-barred. In a considered Ruling, the lower court on 21/3/2013 struck out the Appellant’s suit for want of jurisdiction and held at page 220 of the records: