Peoples Democratic Party & Ors V. Barr. Sopuluchukwu E. Ezeonwuka & Anor (2017)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

This appeal is against judgment of the Court of Appeal, Abuja Division delivered on 26/6/2015 dismissing the appeal filed by the 1st-4th Appellants against the judgment of the Federal High Court, Abuja delivered on 20/2/2015.

The 1st Appellant, the Peoples Democratic party (PDP), conducted primaries for the purpose of nominating its candidate for the Orumba North/South Federal Constituency of Anambra State in the National Assembly Election scheduled for 28/3/2015. The 3rd and 4th appellants were the Chairman and Secretary, respectively of the PDP National Assembly Electoral Panel for the State. The 1st Respondent contested with 5 other aspirants. He asserted that he scored the highest number of votes and was publicly declared winner by the Returning Officer but that his name was not forwarded to the Independent National Electoral Commission (INEC) by the Appellants. He alleged that he got to know that there was an attempt to return someone else as the winner. He therefore filed an Originating Summons at the Federal High Court, Abuja (the trial Court) seeking inter alia, a

1

declaration that he is the only qualified, authentic and duly elected, validly nominated and duly returned candidate” of the PDP to contest the National Assembly (House of Representatives) General Election into Orumba North/South Federal Constituency scheduled to hold on 14/2/2015 or any other date. None of the other aspirants was made a party to the suit.

In his supporting affidavit he exhibited the 1st Appellant’s result form showing votes said to have been cast for him and 5 other aspirants. Although, PDP filed a counter affidavit opposing the originating summons, it conceded in paragraphs 7 and 15 thereof that the Primary election was conducted in accordance with the law, Constitution and the party guidelines and that the result sheet exhibited by the 1st respondent was correct as to the fact that he scored 55 votes being the highest number of votes. In other words, it conceded the 1st respondent’s claim.

After a consideration of the various affidavits before the Court, the exhibits annexed thereto and the submissions of learned counsel, the trial Court held that 1st- 4th defendants (now appellants) failed to give any reason for not

2

forwarding the plaintiff’s (1st respondent’s) name to INEC and accordingly entered judgment in his favour. The Court ordered, inter alia:

“An order is further made directing the 5th defendant (INEC) to accept the plaintiffs name as the candidate of the 1st defendant, recognized, publish and print his name in the ballot paper as the authentic candidate of the 1st defendant for the National Assembly (House of Representatives) Election for Orumba North and South Federal Constituency in the scheduled election of 14/2/2015 or any other date.”

The 1st- 4th appellants were dissatisfied with the judgment. They filed (but eventually withdrew) an application to set aside the judgment on grounds of fraud on the basis that the counsel handling the matter compromised their case by making fraudulent admissions against their interests. As the motion was withdrawn it was eventually dismissed. The appellants filed an appeal against the judgment at the lower Court. The appeal was dismissed. The Court made a consequential order that a re-run primary election should be conducted with the 1st respondent as the candidate of the PDP. The 1st – 4th Appellants are

3

aggrieved by the decision and have thus appealed to this Court. One of the grounds for appealing against the judgment is that the order for the conduct of a re-run primary election was made suo motu by the Court without hearing the parties on the issue.

The 1st respondent was also dissatisfied with the part of the judgment of the lower Court ordering a re-run. He filed a separate appeal in SC.846/2016: Barr. Sopuluchukwu E. Ezeonwuka Vs PDP & 4 Ors. As both appeals have the same substratum they were heard together on 25/1/207.