Mrs Nnenna Aladum v. Mr. Chris Ogbu & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering the leading judgment)

The instant appeal is a fallout of the judgment of the Court of Appeal. Owerri Judicial Division, delivered on November 30th, 2022 in appeal No. CA/OW/399/2022.

By the judgment in question, the court below coram R. N. Pemu, O. A Adefope – Okojie and S. A. Bola, JJCA upheld the decision of the trial Federal High Court Owerri, delivered on October 7th, 2022 in favour of the 1st respondent, against the appellant.

Background facts

The appellant along with the 1st respondent and three other aspirants had participated in the primary election conducted by the 2nd respondent to select its candidate for the forthcoming general 2023 elections in to the Imo State House of Assembly, Ideato South Constituency.

Allegedly, the primary election was conducted on 25th to 26th May, 2022 at Aladinma Shopping Mall, Owerri. outside the Federal Constituency North and South, contrary to the Electoral Act, 2022 and the 2nd respondent’s guidelines.

At the conclusion of the said primary election, the 1st respondent was declared and returned the winner. All the contestants were bewildered and aggrieved by the outcome of the election and jointly wrote a petition (Exhibit UG 1) dated 28/05/2022 to the 2nd respondent. In response thereto, the 2nd respondent constituted an appeal panel to investigate the said complaint of the appellant and others.

The appeal panel upon its investigation came to the conclusion in its report (Exhibit UG – 2), that the said primary election was fraught with fundamental irregularities. The appeal panel recommended to the 2nd respondent’s National Working Committee (NWC) vide its report (Exhibit UG -2) an outright cancellation of the said primary’ election upon the ground of blatant irregularities and fraudulent violation of 2nd respondent’s Constitution thereby resulting, in the 1st respondent emerging as the winner thereof.

On 07/7/2022, the 2nd Respondent’s National Working Committee (NWC) upheld and acted upon the appeal Panel’s Report (Exhibit UG – 2). and thereby forwarded the name of the Appellant to the 3rd respondent as the 2nd Respondent’s candidate for the Ideato South Imo State Constituency.

The 1st respondent was aggrieved by the 2nd respondent’s decision forwarding the appellant’s name to the 3rd respondent thus, filed the suit vide an originating summons on 2nd August, 2022. By the said originating summons thereof the 1st respondent sought against the appellant and the 2nd and 3rd respondents herein the determination of a total of 5 fundamental questions:

1. Whether by virtue of section 84(5)(c)(ii) of the Electoral Act, 2022, the plaintiffs is not validly nominated candidate of the 2nd defendant for the 2023 Imo State House of Assembly election for the Ideato South State constituency, having scored the highest number of the valid votes cast to emerge winner of the primary elections held between 25th – 26th May, 2022 at Aladinma Mall, Owerri Imo State.
2. Whether by virtue of sections 31, 33 & 34 of the Electoral Act, 2022, the 2nd defendant can alter, tamper, remove, substitute, or refuse to forward the name of the plaintiff to the 3rd defendant as its validly nominated candidate for the 2023 Imo State House of Assembly election for the Ideato South State constituency, having scored the highest number of the valid votes cast to emerge winner at its primary elections held between 25th – 26th May, 2022 at Aladinma mall, Owerri, Imo State.
3. Whether by virtue of sections 31, 33, 34, 84(5)(c)(ii)of the Electoral Act, 2022, the 1st defendant can be the validly nominated candidate of the 2nd defendant for the 20223 Imo State house of Assembly election for Ideato South State constituency or have her name forwarded to the 3rd defendant and/or published as the candidate of the 2nd defendant for the Ideato south State constituency of Imo State, having not scored the highest number of valid votes and also having come 4th in the primary elections of the 2nd defendant held between 25th – 26th May, 2022 at Aladinma mall, Owerri, Imo State.
4. Whether by virtue of sections 31, 33, 34 & 84(5 ((c) (ii) of the Electoral Act, 2022, the 2nd defendant can lawfully forward to the 3rd defendant the name of the 1st defendant who came 4th and did not win the highest number of valid votes cast at its primary elections held between 25th – 26th at Aladinma mall, Owerri, Imo State as the lawful candidate of the party for the 2023 Imo State House of Assembly election for Ideato South State constituency?
5. Whether the act and conduct of the 2nd defendant in forwarding the name of the1st defendant to the 3rd defendant and the 3rd defendant in accepting and publishing the name of the 1st defendant as the candidate of the 2nd defendant for the 2023 Imo State House of Assembly election for Ideato South State constituency, is not in breach of the provisions of sections 31, 33, 34, 84(5)(c)(ii) & 84(13) of the Electoral Act, 2022. is bit illegal, unlawful, null void and liable to be set aside and reversed in favour of the plaintiff.

The appellant equally prayed the trial court for the following declaratory and injunctive reliefs:

1. A declaration of the honourable court that the plaintiff is the validly nominated candidate of the 2nd defendant for the 2023 Imo State House of Assembly election for the Ideato South State constituency, having scored the highest number of valid votes cast at the primary elections of the party held between 25th – 26th May, 202 at Aladinma mall, Owerri, Imo State.
2. A declaration of the honourable court the 2nd defendant cannot alter, tamper, remove, substitute or refuse to forward the name of the plaintiff to the 3rd defendant as its validly nominate candidate for the 2023 Imo State House of Assembly election for the Ideato South State constituency, having scored the highest number of the valid votes cast at the primary elections of the party held between 25th – 26th May, 2022 at Aladinma mall, Owerri, Imo State.
3. A declaration of the honourable court that the 1st defendant cannot be the validly nominated candidate of the 2nd defendant for the 2023 Imo State House of Assembly election for Ideato South State constituency or have her name forwarded to the 3rd defendant and/or published as the candidate of the 2nd defendant for the Ideato South State constituency of Imo State, having come 4th in the primary elections of the 2nd defendant held between 25th – 26th May, 2022 at Aladinma mall, Owerri, Imo State.
4. A declaration of the honourable court that the 2nd defendant cannot lawfully forward to the 3rd defendant the name of the 1st defendant who came 4th and did not win the highest number of valid votes cast at its primary elections held between 25th – 26th May. 2022 at Aladinma mall, Owerri Imo State as the lawful candidate of the party for the 2023 Imo State House of Assembly election for Ideato South State constituency.
5. A declaration that the altering, tampering, removal substitution, replacement or refusal to forward the name of the plaintiff to the 3rd defendant as its validly nominated candidate for the 2023 Imo State House of Assembly election for the Ideato South State constituency, who scored the highest number of the valid votes cast to emerge winner of its primary elections held between 25th – 26th May, 2022 for the benefit of the 1st defendant or any person whatsoever, is in breach of sections 31, 33, 34, 84(5) (c) (i) & 84(13) of the Electoral Act, 2022, therefore null and void.
6. A declaration that the act and conduct at the 2nd defendant in forwarding the name of the 1st defendant to the 3rd defendant and the 3rd defendant in accepting and publishing the name of the 1st defendant as the candidate of the 2nd defendant for the 2023 Imo State House of Assembly election for Ideato South State constituency, is in breach of the provisions of sections 31, 33, 34, 84(5)(c)(ii) & 84(13) of the Electoral Act, 2022 , and therefore illegal, unlawful, null, void and liable to be set aside and reversed in favour of the plaintiff.
7. An order of court setting aside, nullifying and/or invalidating the forwarding and publication of the name of the 1st defendant as the candidate of the 2nd defendant for the 2023 Imo State House of Assembly for Ideato South State constituency for being illegal, unlawful, null and void in its entirety.
8. an order of court mandating, directing and compelling the 2nd & 3rd defendant, whether by themselves, officers, staff agents, privies or howsoever described to forthwith restore and publish the name of the plaintiff as the candidate of the 2nd defendant for the 2023 General Elections, to accord him all the rights and privileges pertaining and accruing to him by virtue of his valid nomination as the lawful candidate of the 2nd defendant.
9. An order of perpetual injunction, restraining the 2nd & 3rd defendants, whether by themselves, officers, staff, agents, privies or howsoever described, from continuing to publish, accord any right or privilege or in any other manner whatsoever, give effect defendant for the 2023 Imo State House of Assembly election for Ideato South State constituency.
10. An order of perpetual injunction, restraining the 1st Defendant, whether by herself officers, staff agents, privies or howsoever described, front parading herself as the candidate of the 2nd defendant for the 2022 Imo State House of Assembly election for Ideato South State constituency or asserting or claiming any right or entitlement relating or pertaining thereto.
11. And for such further or other orders as the honourable court may deem fit and proper to make in the circumstance.”

On 02/08/2022, the 1st respondent equally filed a suit at the trial court vide an originating summons, thereby seeking the determination of some fundamental questions and the grant of some declaratory and injunctive reliefs.

Pleadings having been duly filed and exchanged, the instant suit proceeded to trial, at the conclusion of which the trial court delivered the vexed judgment on 07/10/2022 to the conclusive effect:

“In my humble view from the totality of all evidence addressed before me in this case, I am satisfied that the plaintiff has proved his claim against the defendants and I so hold. This court therefore finds for the plaintiff.