Independent National Electoral Commission & Anor V. Ejike Oguebego & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

My Lords, the events that prompted the proceedings culminating to the instant appeal trace their roots to injunctive orders of the Federal High Court: ex parte orders couched in these terms against the appellants herein:

“(a) That the first defendant (PDP), agents and privies are hereby restrained from forwarding, sending and submitting to the second defendant (INEC) any delegate list or nominated candidates that may emerge from the congress or primaries conducted by the Caretaker or Ad-hoc Committee set up by the defendant for the Peoples Democratic Party;

(b) That the first defendant, its agents, servants and privies are restrained from forwarding, sending or submitting to the second defendant, any delegates list or nominated candidates that may emerge from the congress for primaries conducted by the purported Caretaker committee set up by the first defendant for the Peoples Democratic Party, Anambra State Chapter, except those that emanate from the plaintiffs’ Congress and primaries;

(c) That the second defendant, its agents, servants, privies, assigns,

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officials, whatsoever name they may be called, are restrained from accepting or receiving delegates list or nominated candidates that may emerge from the Congress or primaries conducted by the Caretaker Committee set up by the first defendant for the Peoples Democratic Party, Anambra State Chapter, except those that emerge from the plaintive (sic).”

The Court of Appeal, upon an appeal against the above orders, favoured the appellants in the present appeal with an order setting aside the trial Court’s above orders; hence the appeal to this Court: an appeal that yielded this Court’s order of January 29, 2016 framed thus:

“Having resolved all the issues in favour of the appellants, I hold that there is merit in this appeal which is allowed. The judgment of the Court of Appeal is hereby set aside. The order of the Federal High Court in Suit No. FHC/PH/CS/213/2013 (now, Suit No. FHC/AW/CS/247/2013) recognising the Ejike Oguebego-led Executive Committee of the Peoples Democratic Party, Anambra State Chapter, is still subsisting until it is set aside by an order of the Court…”

This judgment triggered off a concatenation of efforts, on the part of the

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first and second respondents, that is, Ejike Oguebego and Hon Chuks Okoye, aimed at the actualisation of what they perceived as the import of the above orders of this Court. First, counsel, on their behalf, entreated the appellants to favour them with the certificates of Return of elections of April, 2015. That was not all. They demanded the retrieval of the Certificate of Return from PDP legislators elected from Anambra State, that is, State and National Assembly.

The appellants, in consequence, repaired to this Court for the clarification of its decision and the ambit of its above order. Although the Court disclaimed the invitation, it nonetheless illuminated its reasoning in these words:

“It is wrong for any party to import into the judgment issues which were not ventilated and decided. For instance, the applicant is seeking clarification whether to issue certificate of returns to persons in (sic) the list of Ejike Oguebego-led Executive Committee. That was not part of our judgment. Also INEC is seeking clarification whether to conduct fresh election into the National Assembly in respect of both Senate and House of Representatives seats affecting