Odey V. Alaga & Ors (2021)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

The first respondent in this appeal, Chief John Alaga, by way of Originating Summons, instituted an action at the High Court of the Federal Capital Territory, Abuja, on October 5, 2020. He sought judicial responses to the following questions:

1. Whether having regard to the provisions of Section 31 (5) of the Electoral Act (as amended); the 1st Defendant gave and/or supplied false information to the Defendant in his INEC form CF001 by purporting to have sat for and/or obtained educational qualification making him eligible to contest for the Cross River North Senatorial bye-election, scheduled to hold on 31st October, 2020 or at any other date, whereas he has no such educational qualifications and by virtue of that fact is not qualified and/or eligible to contest for, be nominated or elected for the Cross River North Senatorial bye-election scheduled to hold on 31st October, 2020 or at any other date?

​2. Whether by the provisions of Section 87 of the Electoral Act, (as amended), the purported primary election of the People’s Democratic Party (PDP) held on September, 2020 at Ogoja Government Secretariat, Ogoja, Cross River State, wherein the 1st Defendant claims to have been nominated as the candidate of the party for the Cross River North Senatorial bye election scheduled to hold on 31st October, 2020, or at any other date was not conducted with the valid delegate list of the party and therefore null and void in its entirety?

4. Whether by the provisions of Section 87 of the Electoral Act, (as amended), the purported nomination of the 1st Defendant as the Senatorial candidate of the Peoples’ Democratic Party (PDP) for the Cross North Senatorial bye election scheduled to hold on 31st October, 2020, or at any other date is illegal, invalid, null and void as the said primary election was not conducted with the approved delegate list of the party nor monitored by the 2nd Defendant?

He consequently, sought the following reliefs:

(a) A declaration that the 1st Defendant gave and/or supplied false information to the 2nd Defendant in his INEC Form CF001 by purporting to have sat for and/or obtained educational qualifications making him eligible to contest for the Cross River-North Senatorial bye-election scheduled to hold on 31st October, 2020, or at any other date, whereas he has no such educational qualifications;

(b) A declaration that having given and/or supplied false information relating to his educational qualifications in his statutory forms to the 2nd Defendant, the 1st Defendant is by virtue of that fact not qualified and/or eligible to contest for, be nominated or elected for the Cross River North Senatorial bye election scheduled to hold on 31st October, 2020 or at any other date;

(c) A declaration that the purported primary election of the People’s Democratic Party (PDP) held on 5th September, 2020 at Ogoja Local Government secretariat, Ogoja, Cross River State, wherein the 1st Defendant claims to have been nominated as the candidate of the party for the Cross River North Senatorial bye-election scheduled to hold on 31st October, 2020 or at any other date was not conducted with the valid delegate list of the party and therefore null and void in its entirety;

(d) A declaration that the primary election of the People’s Democratic Party (PDP) held on 5th September, 2020, at Ogoja, Cross River State, for the purposes or nominating its candidate for the Cross River North Senatorial bye election was not conducted by the national body of the party and invalid, illegal, null and void;

(e) A declaration that the purported nomination of the 1st Defendant as the Senatorial candidate of the People’s Democratic Party (PDP) for the Cross North Senatorial bye elections scheduled to hold on 31st October, 2020 or at any other date is illegal, invalid, null and void as the said primary election was not conducted with the approved delegate list of the Party nor monitored by the 2nd Defendant;

(f) An Order of Injunction restraining the 1st Defendant, by himself, agents, servants, privies or howsoever described from parading himself or in any other manner whatsoever holding out himself as been qualified and/or eligible to contest for the Cross River North Senatorial bye election scheduled to hold on 31st October, 2020 or at any other date;

(g) An Order of Injunction restraining the 2nd Defendant, by itself, agents, staff, servants, privies or howsoever described from accepting and/or recognizing or in any other manner according any recognition to the 1st Defendant whether by publication of his name on the Final List of Candidate or listing or including his name on the result sheet, ballot paper or any other document or material for the said bye election as been the lawfully nominated candidate of the People’s Democratic Party (PDP) of the Cross River North Senatorial bye election scheduled to hold on 31st October, 2020 or at any other date;

(h) And for such further or any other Orders as this Honorable Court may deem fit to make in the circumstances.

Upon being served with the Originating Summons, the second respondent filed a Counter Affidavit on October 14, 2020 and served same on the first respondent. The third respondent herein [INEC] also filed a Counter Affidavit on October 16, 2020, to the Originating Summons. On October 20, 2020, parties adopted their written addresses in support of the processes filed. Judgment was reserved.

​On November 4, 2020, the trial Court, in its judgment, dismissed the case of the first respondent in its entirety. It held, inter alia: