Patrick Amozie V. Chizor Lambert Odidiwe & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDULKADIR, J.C.A.:(Delivering the Leading Judgment)

This is an appeal against the Ruling of the National Assembly/Legislative Houses Election Tribunal Anambra State delivered on 11th July, 2011.

The facts leading to this appeal are that the Appellant as petitioner at the Tribunal below brought a petition dated 13/5/2011 at the Election Petition Tribunal sitting at Awka challenging the election of the 1st Respondent to the House of Representatives representing Oyi/Ayamelum Federal Constituency of Anambra State held on 26/4/2011 wherein he prayed the Honourable Tribunal for the following reliefs:

(a) A declaration that under S.65(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 31(1) of the Electoral Act, 2010 (as amended); and Articles 12, 17; 12.18(b) 12.46; 12.47 and 12.37 of the Constitution of the Peoples Democratic Party of Nigeria, and paragraph 50 at page 3; paragraph 51 and 52 at page 32; and paragraph 13 at page 6, all of the election guidelines of the Peoples Democratic Party, 2010, it is only the Peoples Democratic Party through its National Secretariat or National officers that can nominate, sponsor and consequently submit lists of its candidates to contest elective offices in to the offices of the National Assembly.

(b) A declaration that the 2nd Respondent lacks the capacity to refuse a list of candidates duly nominated and submitted by the Peoples Democratic Party through its national officers to contest any elective offices under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

(c) A declaration that the 2nd Respondent lacks the capacity to recognize any list of candidates other than the one duly submitted by the Peoples Democratic Party through its national officers to contest any elective offices under the Constitution of the Federal Republic of Nigeria 1999 (as amended).

(d) A declaration that the petitioner being the candidate duly nominated and submitted by the Peoples Democratic Party is the only lawful candidate sponsored by the Peoples Democratic Party to contest for the Oyi/Ayamelum Federal Constituency of the Federal House of Representative, 2011.

(e) A declaration that the petitioner being the candidate duly nominated and sponsored by the Peoples Democratic Party is the only lawful candidate to be returned as duly elected on the platform of the Peoples Democratic Party for the Oyi/Anyamelum Federal Constituency, Anambra State.

(f) A declaration that the recognition of any other person as the candidate of the Peoples Democratic Party to contest for the Oyi/Anyamelum Federal Constituency of Anambra State, 2011 other than the petitioner is ultra vire, illegal, null and void.

(g) An order of the Tribunal returning the petitioner as the duly elected candidate of the Peoples Democratic Party for Oyi/Ayamelum Federal Constituency, Anambra State.

IN THE ALTERNATIVE

(h) That it may be determined that the said 1st Respondent was not duly returned and that the petitioner was duly elected and ought to be returned as duly elected candidate of the Peoples Democratic Party for Oyi/Ayamelum Federal Constituency, Anambra State.

With the filing of the petition the 1st Respondent filed a motion on Notice challenging the jurisdiction of the court to entertain the petition, the said motion on notice was filed on the 1st day of July 2011, the petitioner/Appellant filed a counter-affidavit of 7 paragraphs on the 9th day of July 2011 in opposition to the application, The counter-affidavit is also supported by a written address.

The written address in support of the motion on notice for the striking out of the petition as well as the written address in support of the counter-affidavit were adopted by counsel on the 11th day of July 2011 whereupon the tribunal delivered its Ruling same day striking out the petition for want of jurisdiction.