Mr. Ire Matthew Owuru & Anor V. Hon. Agi Michael Adigwu & Anor (2017)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This appeal is against the judgment of the Court of Appeal holden at Makurdi in appeal No CA/M/95/15 delivered on 15th day of December 2015, dismissing the appeal of the appellants and upholding the judgment of the trial Federal High Court also sitting in Makurdi. The facts leading to this appeal are inter alia as follows:-

By an originating summons filed on 25th March, 2015 the 1st respondent herein, as plaintiff, presented two questions to the trial Court for determination and sought the following reliefs against the defendants (now appellants and 2nd respondent):-

i. A declaration that the plaintiff is the validly nominated candidate of the 2nd defendant to contest the April 11th, 2015 House of Assembly Election in Oju 11 State Constituency.

ii. A declaration that being the validly nominated candidate of the 2nd defendant to contest the April 11th, 2015 House of Assembly Election in Oju 11 State Constituency, the plaintiff is the person whose name ought to have been forwarded to the 3rd defendant as the 2nd defendant’s candidate to contest the

April 11th, 2015 Oju 11 State Constituency.

iii. A declaration that the 1st defendant was not qualified to have contested at the State House of Assembly Primary Election of the 2nd defendant for Oju 11 State Constituency held 29th day of November, 2014 and or be returned as the winner of the said Primary Election.

iv. An order directing the defendants to recognize and deem the Plaintiff as the candidate of the 2nd defendant to contest the April 11th 2015 House or Assembly Election in Oju 11 State Constituency

v. An order restraining the 3rd defendant from issuing a Certificate of Return to the 1st defendant in the event that the State Assembly Election scheduled to hold on April 11th, 2015 is held and the 2nd defendant wins in Oju 11 State Constituency before the determination of this suit.

vi. An order directing the 3rd defendant to issue a Certificate of Return to the plaintiff in the event that the State House of Assembly election scheduled to hold on April 11th, 2015 holds before the determination of this suit and the 2nd defendant wins in Oju 11 State Constituency.”

The appellants, as 1st and 2nd defendants, filed their

counter affidavits comprising of the following:-

a. Counter affidavit of Mr. Ire Matthew Owuru

b. Affidavit of Edo Samuel Adanu (the Electoral Officer) who conducted the Primary Election with Mr. Barry Ogbaka.