Joseph Nwobasi v. Anayo Edwin & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Enugu Judicial Division, in appeal No. CA/E/321/2022 delivered on 2nd December, 2022 wherein the appeal of the 1st respondent herein was unanimously allowed” and the decision of the trial court set aside.

A summary of the facts of the case which has now led to this appeal are that the appellant was an aspirant in the primary election conducted by the 2nd respondent and monitored by the 4th respondent on the 27th day of May, 2022 to select its candidate for the Ezza North/Ishielu Federal Constituency of Ebonyi State in the House of Representatives.

The appellant emerged victorious and was issued with a certificate of return dated 6th June, 2022 by the 2nd respondent. His named was further forwarded to the 4th respondent as the 2nd respondent’s candidate for the Ezza North/Ishielu Federal Constituency of Ebonyi State for the House of Representatives elections during the 2023 general elections.

While the appellant was waiting for the final publication of list of candidates to contest in the 2023 general elections by the 4th respondent, rumour erupted that the 1st, 2nd and 3rd respondents were making plans to substitute the name of the appellant as the 2nd respondent’s candidate with the name of the 1st respondent who was not a registered member of the 2nd respondent at the time talkless of participating in the primary election won by the appellant.

To allay his fears of the rumour, the appellant briefed his solicitor who in a letter dated 26/7/2022 requested from the 4th respondent the certified true copies of all the documents submitted by the 2nd respondent in respect of its candidate for the Ezza North/Ishielu Federal Constituency.

On 1st August, 2022 the 4th respondent in response to that letter furnished the appellant’s solicitor with certified true copies of every document in its custody regarding Ezza North/Ishielu Federal Constituency. Upon the receipt of those documents, the appellant discovered that his name was actually substituted although yet to be published by the 4th respondent. The appellant also discovered that the 1st, 2nd and 3rd respondents had dishonestly authored a letter of withdrawal of candidacy in the name of the appellant and appended a signature unknown to the appellant.

To forestall the perceived plot by the 1st, 2nd and 3rd respondents to substitute him with the 1st respondent as the 2nd respondent’s candidate, the appellant on 9th August, 2022 took out an originating summons at the court of first instance in which he asked the following questions:

1. Whether the 1st and 2nd defendants can validly substitute the name of the plaintiff as the House of Representatives candidate of All Progressives Grand Alliance in Ezza North/ Ishielu Federal Constituency of Ebonyi State for the 2023 general election without a valid withdrawal letter signed by the plaintiff and personally delivered to the 1st defendant in compliance with section 31 and 33 of the Electoral Act, 2022.
2. Whether the 4th defendant can accept, publish and/or recognize the name of any other person apart from the plaintiff as the House of Representatives candidate of All Progressives Grand Alliance in Ezza North/Ishielu Federal Constituency of Ebonyi State for the 2023 general election without a valid withdrawal letter signed by the plaintiff and personally delivered to the 1st defendant, and a fresh House of Representatives primary election held and/or conducted in Ezza North/Ishielu Federal Constituency of Ebonyi State in compliance with section 33 of the Electoral Act, 2022.
3. Whether the purported submission of the name of the 3rd defendant to the 4th defendant by the 1st defendant under the chairmanship of the 2nd defendant as part of the calculated step in the planned unlawful substitution of the name of the plaintiff as the House of Representatives candidate of All Progressives Grand Alliance in Ezza North/Ishielu federal constituency of Ebonyi State is proper having regards to the provisions of sections 31 and 33 of the Electoral Act, 2022.

From the above questions raised, the appellant, as plaintiff, then sought the following reliefs:

(1) A declaration that the purported withdrawal of the plaintiff as the validly nominated House of Representatives candidate of the 1st defendant in Ezza North/Ishielu Federal Constituency of Ebonyi State for the 2023 general election and the planned substitution of name of the plaintiff with the name of the 3rd defendant as the House of Representatives candidate of All Progressives Grand Alliance in Ezza North/Ishielu Federal Constituency of Ebonyi State in the 2023 general election is unlawful, and a gross violation of the provisions of section 31 and 33 of the Electoral Act, 2022.

(2) A declaration that the purported submission of the name of the 3rd defendant to the 4th defendant by the 1st and 2nd defendants in the calculated substitution of the name of the plaintiff as the House of Representatives candidate of All Progressives Grand Alliance in Ezza North/Ishielu Federal Constituency of Ebonyi State in the 2023 general election is a violation of the clear provisions of sections 31 and 33 of the Electoral Act, 2022.

(3) A declaration that any step taken or purported to be taken by the 1st, 2nd and 3rd defendants in furtherance of the unlawful substitution of the name of the plaintiff with the name of the 3rd defendant as the House of Representatives candidate of All Progressives Grand Alliance in Ezza North/Ishielu Federal Constituency of Ebonyi State in the 2023 general election in violation of the clear provision of Section 31 of the Electoral Act, 2022 is a nullity.

(4) An order of injunction restraining the 1st and 2nd defendants from forwarding the name of any other person apart from the name of the plaintiff to the 4th defendant as the House of Representatives candidate of All Progressives Grand Alliance in Ezza North/Ishielu Federal Constituency of Ebonyi State without a valid letter of withdrawal written and signed by the plaintiff and delivered personally to the 1st defendant by the plaintiff as stipulated by the clear provisions of section 31 and 33 of the Electoral Act, 2022.

(5) An order of injunction restraining the 1st and 2nd defendants from recognizing or parading any other person apart from the plaintiff as the House of Representatives candidate of All Progressives Grand Alliance in Ezza North/Ishielu Federal Constituency of Ebonyi State without a valid letter of withdrawal written and signed under the hand of the plaintiff and delivered personally to the 1st defendant by the plaintiff as stipulated in section 31 of the Electoral Act, 2022.