Peoples’ Democratic Party V. Ejike Oguebego & Ors (2008)

LawGlobal-Hub Lead Judgment Report

JOSEPH E. EKANEM, J.C.A.

This appeal is against the judgment of the Federal High Court, Abuja Division (“the Lower Court” for short) delivered on 5th December, 2014, in Suit No.FHC/ABJ/CS/854/2014. In the judgment the Lower Court granted all the reliefs sought by the plaintiffs (the 1st and 2nd respondents in this appeal).

In the originating summons taken out by the 1st and 2nd respondents at the Lower Court, they raised five questions for determination and sought the following reliefs.

“1. A declaration that the 1st defendant cannot legally and validly set up a caretaker committee or any other body whatsoever when the order of interlocutory injunction made by this Honourable court in Suit No.FHC/PH/CS/2013 now suit No.FHC/AWK/CS/247/2013 – EJIKE OGUEBEGO AND 2 OTHERS V. PEOPLES’ DEMOCRATIC PARTY And 10 Others (which order and suit is also the subject of pending appeal before the Port Harcourt Judicial Division of the Court of Appeal in suit No.CA/PH/764/2013 – PEOPLES’ DEMOCRATIC PARTY V. EJIKE OGUEBEGO AND 3 OTHERS) is still subsisting and subject of an appeal.

2. A declaration that the purported caretaker committee set up by the 1st defendant is an illegal and unconstitutional body when the tenure of the Ejike Oguebego led state executive committee of the Peoples’ Democratic Party, Anambra State Chapter which will lapse on the 16th March, 2016 is still subsisting, functioning and duly recognized by the court and the 2nd defendant.

3. A declaration that the act, decision and any delegates list or nominated candidates that may emanate from the congress and primaries conducted by the caretaker committee set up by the 1st Defendant is illegal, invalid, unconstitutional and therefore null and void and of no effect whatsoever nor can the said list be used for any purpose for the conduct of the 2015 general election with regard to Peoples’ Democratic Party, Anambra State Chapter.

4. An Order of this Honourable Court that the Defendants in this case are bound to recognize, deal with and accept the list of delegates and nominated candidates that may emanate from the congress and primaries conducted by the plaintiff in this case.

5. An order of perpetual injunction restraining the 1st defendant, its agents, servants, privies, assigns, official whatsoever name they may be called from forwarding, sending or submitting to the 2nd defendant any delegates list or nominated candidates that may emerge from the congresses or primaries conducted by the purported caretaker committee set up by the 1st defendant for the Peoples’ Democratic Party, Anambra State Chapter except those that emanate from the plaintiffs’ congresses and primaries election.

6. An order of perpetual injunction restraining the 2nd defendant, its agents, servants, privies, assigns, officials whatsoever name they may be called from accepting or receiving any delegates list or nominated candidates that may emerge from the congress or primaries conducted by the caretaker committee set up by the 1st defendant for the Peoples’ Democratic Party, Anambra State Chapter except those that emanate from the plaintiffs.

7. An order of this Honourable court that the 1st defendant – Peoples’ Democratic Party by the purported appointment of a caretaker committee to oversee, run the affairs and conduct election for the Peoples’ Democratic Party, Anambra State Chapter is in flagrant disobedience and contempt of the order of this Honourable Court made by Hon. Justice S. E. Chukwu on the 10th day of October, 2014 and re- affirmed on the 24th day of October, 2014 and 14th day of November, 2014 in suit No. FHC/ABJ/CS/680/2014 – KEN EMEAKAYI V. PEOPLES’ DEMOCRATIC PARTY AND 6 OTHERS.

8. An order of this Honourable Court disbanding, nullifying and setting aside the illegal caretaker committee set up by the 1st defendant to oversee, run the affairs and conduct the elections for the Peoples’ Democratic party, Anambra State Chapter.

9. An order of this Honourable Court re- affirming the order of interlocutory injunction given in suit No. FHC/PH/CS/213/2013 (Now Suit No. FHC/AWK/CS/247/2013) – EJIKE OGUEBEGO AND 2 OTHERS V. PEOPLES’ DEMOCRATIC PARTY AND 3 OTHERS pending the hearing and determination of the appeal before the Port- Harcourt Judicial Division of the Court of Appeal in Suit No. CA/PH/764/2013 – PEOPLES’ DEMOCRATIC PARTY V. EJIKE OGUEBEGO AND 3 OTHERS.

10. And for such further order (s) as this Honourable Court may deem fit to make in the circumstances”.

Being dissatisfied with the judgment of the Lower Court granting all the reliefs sought, the appellant filed two notices of appeal; one containing six grounds of appeal and filed on 8/12/2014 and the second filed on 12/12/2014 containing nine grounds of appeal. The extant notice of appeal is the one filed on 12/12/2014.