Ozonma (Barr) Chidi Nobis Elendu V. Independent National Electoral Commission & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On the 8th of April 2011, the Appellant herein, as Plaintiff filed Suit No.FHC/AWK/CS/167/2011 against the Respondents herein as Defendants for:-

a. A Declaration that the Plaintiff is the duly nominated candidate of the Peoples Democratic Party for the Federal House of Representatives, Aguata Federal Constituency, Anambra State of Nigeria having polled the highest number of votes at the repeat primaries of the Peoples Democratic Party held on Monday, the 10th day of January, 2011.

b. A Declaration that the Plaintiff is the lawful candidate of the 2nd Defendant (PDP) for the House of Representatives, Aguata Federal Constituency whose name shall ought to be placed or published on the ballot for the 2011 National Assembly election by the 1st Defendant.

c. A Declaration that the purported submission of the name of the 3rd Defendant to the 1st Defendant (INEC) as a candidate of the 2nd Defendant (PDP) for the Federal House of Representatives Aguata Federal Constituency and acceptance and publication of some by the 1st Defendant is unlawful, illegal, unconstitutional null and void and of no effect.

d. A Declaration that the 3rd Defendant is not the winner of the 2nd Defendant primaries election for the Federal House of Representatives, Aguata Federal Constituency held on the 10th January, 2011.

e. An ORDER of Perpetual Injunction restraining the 1st Defendant from in any manner whatsoever recognizing, transacting, doing anything, or dealing with the 3rd Defendant as the candidate of the 2nd Defendant for the 2011 Federal House of Representatives Election, Aguata Federal Constituency.

f. An Order substituting or replacing the name of the Plaintiff for the 3rd Defendant’s name as the candidate of the 2nd Defendant (PDP) for the Federal House of Representatives, Aguata Federal Constituency.

g. And any general or other reliefs which may be given as the judge may think just as if same had been asked for.

The Writ of Summons commencing this Suit was filed along with a Statement of Claim, List of Witnesses, Witness Statements on Oath and other documents. The 1st Defendant did not file a Statement of Defence. The 2nd and 3rd Defendants filed a joint Statement of Defence and a Motion on Notice praying for an Order dismissing/striking out the suit for lack of jurisdiction on the grounds that:-

(i) The suit is an abuse of the processes of the Court.

(ii) The suit was initiated after the period for the submission or substitution or change of candidates of political parties had elapsed.

(iii) Courts do not make Orders in vain.

(iv) As at 8/4/2011, when the above suit was filed, the issue of nomination of candidates, substitution of candidates and sponsorship of candidates by political parties had come to an end and time bared.