Peoples Democratic Party (Pdp) V. All Progressives Congress (Apc) & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Kogi State High Court of Justice sitting at Koton Karfe, delivered on the 8th of December 2014 by an Amended Notice of Appeal filed on the 18th of May, 2015, as per pages 1061 to 1068 of the records of appeal.

Facts In Brief:

In 2008 the 2nd respondent appointed the 5th to 9th respondents as chairman and members of the 4th respondent. On the 20th of March 2013, the 1st respondent filed an action challenging the composition of the 4th respondent on the ground that the 5th to 9th respondents were not qualified as chairman and members of the 4th respondent.

It was the case of the 1st respondent that the 5th to 9th respondents were partisan members of the appellant, and since the 4th respondent ought to be an impartial arbiter in the contest for political offices between the 1st respondent and the appellant, members of the 4th respondent should not belong to any political party.

The appellant on the other hand denied that the 6th, 7th and 9th respondents were its members; contending at the trial that the 5th and 8th respondents were at one time its members, but had

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since resigned and as such the composition of the 4th respondent was constitutional, because at the time of the amendment which excluded members of a political party from membership of the 4th respondent the 5th to 9th respondents were no longer members of the appellant.

The 1st respondent instituted the suit at the lower court, and claimed the following reliefs by its amended statement of claim filed on the 28th of October, 2013:

a) A DECLARATION that members of political parties registered in Nigeria are not competent and qualified to be members of the 3rd Defendant rather only men and women of integrity who are not partisans are entitled to be made members of the 3rd Defendant.

b) A DECLARATION that 4th ? 8th Defendants are not qualified to hold any office of Chairman and Members of the 3rd Defendant being members of Peoples Democratic Party (PDP).

c) A DECLARATION that the composition of the 3rd Defendant by the 1st Defendant with the Chairmanship and member of the 4th – 8th Defendants is unconstitutional, illegal, null and void.

d) A DECLARATION that all the actions and steps taken by the 3rd Defendant with the 4th – 8th Defendants as Chairman and

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