Onyeke Alphaeus Onyeke V. Peoples Democratic Party & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALUMJE, J.S.C.

The Appellant herein, as well as the 3rd, 4th and 5th Respondents are members of the 1st Respondent, a political party registered by the 2nd Respondent. They all paid for and were issued the 1st Respondent’s Expression of interest for Gubernatorial Nomination Form which would allow them contest the primary election for Enugu State that was slated for 8th of December 2014. In addition, each of them paid for and was issued the 1st Respondent’s Nomination Form for Gubernatorial primary Election 2014. They completed both forms and submitted them to the 1st Respondent.

Before the Gubernatorial primary election, ward congresses elections were conducted by the 1st Respondent throughout Enugu State and the successful candidates were listed as delegates to the primary election.

For whatever reason, one Chinenye Godwin and 2 other persons who sued on behalf of all the delegates sought for and obtained an order in suit No. FHC/ABJ/CS/830/2014 approving the list of the delegates so elected at the ward congresses as the authentic

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list to be used for the primary election.

The National Executive Committee of the 1st Respondent on the recommendation of its National Working Committee appointed a five man panel comprising of King A. Asara as chairman, and Barrister Saratu Umar, Engr. Adamu Adeyemi, Enugu State chairman of PDP, and Barr. Ukpai Ukairo as secretary to proceed to Enugu to conduct the 1st Respondent’s primary election. Party members assembled at the Nnamdi Azikiwe stadium, venue of the primary Election. The Appellant who alleged that the chairman of the panel had in a meeting with Aspirants and the gubernatorial primary election panel openly stated that the list of delegates given to him by the first Respondent for the conduct of the primary election was totally different from the Court’s sanctioned list of delegates, declined to participate in the primary election. He along with other delegates moved away from the venue of the primary election and assembled at 82 Army Battalion Recreation ground Enugu where he claimed that the delegates as sanctioned by the Court elected him as the gubernatorial candidate of the 1st Respondent for the Governorship

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election in Enugu State. When the 1st Respondent forwarded the name of the 3rd Respondent as the elected candidate for the gubernatorial election in Enugu State the Appellant was not happy. Being aggrieved, he commenced action at the Federal High Court Abuja by filing an originating summons on the 23rd December, 2015 in which he raised five questions for the trial Court’s determination and thereafter claimed five reliefs as reflected at pages 3-4 of the printed record of this appeal.

The 1st, 2nd and 3rd Respondents filed counter affidavits in opposition to the Appellant’s originating summons. Thereafter the 1st and 3rd Respondents issued preliminary objections to the competence of the suit, on the ground that the Appellant had no locus standi to institute the action.

The trial Court heard the preliminary objections and in a reserved and well considered ruling, delivered on the 19th April, 2016, Chukwu J., upheld the preliminary objection and dismissed the suit which he said was an abuse of Court process.

Once again, the Appellant was not satisfied with the decision of the trial Court. Being aggrieved, he appealed to the Court of Appeal, Abuja

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Division. The appeal was heard and in a unanimous decision by the three Justices of that Court, (Coram, Timade Akomolafe Wilson, Emmanuel Akomaye Agim, and Mohammed Mustapha JJCA) his appeal was dismissed with costs of N100,000.00 against him and in favour of the 1st, 2nd and 3rd Respondents.