Idu Godwin Emeka V. Hon. Lynda Chuba-ikpeazu & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 25th December, 2015 which dismissed the appeal filed by the appellant and affirmed the judgment of the trial Federal High Court which granted all the reliefs sought by the 1st Respondent who was the plaintiff therein.

STATEMENT OF FACTS RELEVANT TO THIS APPEAL

The 2nd Respondent submitted the name of the 1st Respondent to the 3rd Respondent on the 18th day of December, 2014 alongside other candidates in Anambra State as its nominated candidate for election to the membership of the House of Representatives for member representing Onitsha North/South Federal Constituency of Anambra State. The 1st Respondent also submitted the name of the appellant to the 3rd Respondent as its candidate for the said Federal Constituency. The 3rd Respondent published the list and particulars of the candidates submitted but the name and particulars of the 1st Respondent was not published.

Consequent upon the above, on the 18th day of March, 2015, the 1st Respondent as plaintiff caused an Originating Summons to be issued against the present 2nd – 4th Respondents as 1st – 3rd

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Defendants respectively. The present Appellant applied and joined in the suit by order of Court as 4th Defendant. The reliefs sought in the Originating summons are:-

1. DECLARATION that having regard to Section 31 (2)(j), 50 of the Constitution of People’s Democratic Party (PDP), Sections 31 (1) (2), 33 of the Electoral Act, 2010 (as amended) 222(c) Constitution of the Federal Republic of Nigeria, Article 25 (X11) of the Electoral Guidelines for Primary Elections, 2014 of People’s Democratic Party:

(i). No officer of the 1st Defendant after 1st Defendant had forwarded to the 2nd Defendant, the list of its nominated candidates for the 2015 General Election for the House of representatives Election which included the name of the Plaintiff, can lawfully withdraw only the name of the plaintiff and substitute her with another.

(ii). The decision of the 3rd Defendant (National Working Committee) acting on behalf of the National Executive Committee after full review of reports of the Primary election for the candidate of 1st Defendant for the Onitsha North/South Federal Constituency for the 2015 General Election to the effect that the Plaintiff is the

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candidate who emerged, is final and binding on all aspirants, officers and organs of the 1st Defendant.

(iii). The 2nd Defendant cannot accept and Publish any other name after having received the Nomination forms and INEC form CF.001 (Affidavit in support of Personal particulars) of all the 1st Defendant’s candidates including the plaintiff.

2. Declaration that having regard to the categorical pronouncement of the 1st Defendant through its National Chairman AHMADU ADAMU MUAZU. CO in 1st Defendants letter Ref. PDP/DOM/GF1/495 dated December 15, 2014 to wit:-
3. We hereby notify you that only the candidates approved by the National Executive Committee (through the National Working Committee) of our party are legally authorized to stand elections in the 2015 general election.”

(i) The 1st Defendant cannot lawfully sponsor a candidate other than the plaintiff whose nomination was confirmed and approved by the 3rd Defendant, the National Working Committee of the 1st Defendant in its meeting of Wednesday, 17th December, 2014.

(ii). The 2nd Defendant cannot lawfully accept and publish any person as the