Peoples Democratic Party & Anor V. Chief (Sir) Victor Umeh & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Applicants are praying this Court to strike out or dismiss Appeal No.SC. 204/2016 for being an abuse of Court process. The start off point in unraveling what led to this Application is the Petition they filed at the National Assembly Election Petition Tribunal, Anambra State wherein the Applicants challenged the declaration of 2nd Appellant herein as the duly elected Senator representing Anambra Central Senatorial District. The Tribunal dismissed their Petition on 9/10/2015, and they filed Appeal No. CA/E/EPT/28/2015 at the Enugu Division of the Court below, which held as follows in its Judgment delivered on 7/12/2015 –

“…Since by Paragraph 25(1) of Exhibit R1, it is the State Special Congress that should conduct the Primary for the purpose of nominating a candidate to contest election into the National Assembly. The 11th Respondent [i.e. 2nd Appellant] was therefore not the product of a valid primary and was therefore, not duly and legitimately nominated that has disqualified her from contesting the elections into the Anambra Central Senatorial District.”

The Court

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below ordered INEC to conduct a fresh election and INEC scheduled fresh elections for 5/3/2016 but excluded PDP from participating in the Court ordered election. At which point PDP commenced an action against it at the Federal High Court by way of Originating Summons filed on 10/2/2010. In the said Suit No. FHC/ABJ/CS/97/2016, PDP as the sole plaintiff averred as follows in Paragraph 12 of its Affidavit in support that –

“- The Plaintiff’s candidate at the election of 28/3/15, Hon. Ekwunife [2nd Appellant herein] has since left the party [PDP] as she has defected to the All Progressive Congress [APC] where she contested the primary election of the party for the selection of its candidate for the Court ordered fresh election aforesaid. That she lost the said election but remains a member of the said party [i.e. APC].”

The Federal High Court delivered its Judgment on 29/2/2016 wherein it granted the Orders as prayed including an Order of-

“Perpetual injunction restraining [INEC]… from conducting the said Court ordered fresh election for [the said] Senatorial Seat without the due participation of the Plaintiff [PDP]

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and its candidate.”

Meanwhile, the Appellants filed an Application dated 11/2/2016 at the Court below in which they prayed for the following orders-

“(1) An Order extending time within which the Applicants can apply to this Honourable Court to set aside its Judgment in Appeal No. CA/E/EPT/28/2015 delivered on 7/12/2015.

(2) An order setting aside the Judgment of this Hon Court in CA/E/EPT/28/2015 delivered on 7/12/2015, on the grounds to wit;