Obasi Uba Ekagbara & Anor V. Chief Dr Okezie Ikpeazu & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.S.C.

The two plaintiffs, who are the appellants in this case prayed the Federal High Court in their amended originating summons for the following reliefs.

1. A Declaration that the 3rd defendants INEC FORM CF0O1, and TAX PAYMENT RECEIPTS and Tax Clearance Certificate of the 3rd defendant attached therewith submitted to the 2nd defendant by the 1st and 2nd defendants contain false information regarding the 3rd defendant’s Tax Payment.
2. A Declaration that having regard to the clear and unambiguous and sacrosanct provisions of Sections 31 (1) (2) (3) (5) (6) and (8) of the Electoral Act Cap 15 Laws of the Federation of Nigeria 2010 and INEC FORM CF00l and the Tax Payment receipts and Tax Clearance Certificate attached herewith submitted by the 1st and 3rd defendants to the 2nd defendant, the said 3rd defendant is disqualified from contesting the Abia State Governorship election for submitting to the 2nd defendant false information regarding his Tax Payment.
3. An Order that the 3rd defendant having failed and/or refused to pay his income Tax promptly as and when due for the years 2011, 2012

and 2013 and falsely stating in his INEC FORM CF001 and the documents attached therewith that he paid the said tax as and when due is not fit and proper person to contest the gubernatorial election.

4. An Order disqualifying the 3rd defendant from contesting the said 2015 Abia State gubernatorial election for submitting to the 2nd defendant in his INEC FORM CF001 and the documents attached therewith false information concerning his tax payment contrary to clear, unambiguous and sacrosanct provisions of Section 31 (5) of the Electoral Act 2010 (as amended).
5. An Order banning the 2nd defendant from accepting the 3rd defendant as a candidate to contest the Abia State 2015 gubernatorial election.
6. A Declaration that the aspirant as the 1st defendant primary election of 8th December 2014 who polled the second highest number of votes cast at the said primary election is the rightful candidate of the 1st defendant for the Abia State 2015 gubernatorial election.
7. An Order directing the 1st defendant to forward the name of the candidate as 1st defendant’s Abia State gubernatorial primary election of 8th December, 2014 who polled the

second highest number of vote cast at the said primary election to the 2nd defendant as the rightful candidate of the 1st defendant for the Abia State 2015 gubernatorial election.

8. And for such further or other Orders as the Honourable Court may deem fit or just to make in the circumstance of this case.

In respect to the appellants claims the 1st respondent filed a motion on Notice and sought the following Orders:-

“An Order transferring this matter from this honourable Court to the Chief Judge of Abia State High Court for assignment to a Judge of that Court for the purpose of hearing and determination of the issues raised in this matter because this Court has no jurisdiction”.

The grounds amongst others, on which this relief is sought are:-

i). “The cause of action originated in Abia State of Nigeria.

ii). The Court does not have jurisdiction to entertain any matter not contemplated, listed or enshrined under Section 251 of the Constitution of the Federal Republic of Nigeria 1999 as amended.

iii). The question for determination and reliefs sought thereon do not fall within the ambit of Section 251 of the Constitution

of theFederal Republic of Nigeria 1999 as amended”.

After hearing the parties in a reserved ruling the trial Federal High Court Abuja dismissed the application. In its ruling the Court held as follows:-

“This Court has reviewed the arguments of counsel and perused the authorities cited and agrees with the submissions of the plaintiffs counsel (sic) that their case falls under Section 31 (5)of the Electoral Act 2010 as amended as regard alleged false statements in the affidavit of 3rd defendant. More importantly this cause of action is predicated on 3rd defendants INEC FORMCFOO1 and attachments, Exhibit A2 submitted to 2nd defendant INEC at Abuja.

The facts of this suit are clearly distinguishable from those in KAKIH v. P.D.P (supra). From the foregoing 3rd defendant’s motion on Notice dated 17/3/2OlS fails as is hereby dismissed with no order as to costs”. See pp 153 – 154.