Peoples Democratic Party V. Independent National Electoral Commission & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The 2nd and 3rd respondents are members of the Peoples Democratic Party (PDP). Both of them contested the party primaries to enable the party choose its candidate for the Ughelli South Constituency in the Delta State House of Assembly, for the General Elections which was held in April 2015. The 3rd respondent claimed that he won the primaries, but his party (the appellant) substituted him with the 2nd respondent.

That is to say according to the 3rd respondent he was replaced by the 2nd respondent. The 2nd respondent’s name was sent to the 1st respondent as the appellant’s candidate for the General Elections, representing Ughelli South Constituency, in the Delta State House of Assembly. The 2nd respondent contested the General Elections and won. He has been, and is still in the Delta State House of Assembly as a member of the Delta State House of Assembly representing Ughelli South Constituency.

Dissatisfied with the appellant’s decision to field the 2nd respondent as its candidate in the General Elections,

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the 3rd respondent as plaintiff filed an originating summons against all the defendants. The defendants were INEC, PDP and R. Izeze. For purposes of clarity, I shall now set out the parties in the Courts’ below. In the trial Court, the 3rd respondent was the plaintiff, while the 1st respondent was the 1st defendant. The appellant was the 2nd defendant, and the 2nd respondent was the 3rd defendant.

The plaintiff/3rd respondent lost. He was the appellant in the Court of Appeal. The respondents were the same as the defendants, in the trial Court. He won in the Court of Appeal.

This appeal is by the Political party the Peoples Democratic Party (PDP).

In the originating summons the plaintiff asked the following, questions:

1. Whether the National Working Committee of the Peoples Democratic Party (PDP) is empowered to conduct primaries and present candidates to Delta State House of Assembly elections scheduled for April, 2015 on behalf of the party.
2. Whether the plaintiff having won and was issued the Certificate of Results as the winner of the Peoples Democratic Party (PDP) House of Assembly, Ughelli South Constituency primary election conducted by the National working Committee of

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the 2nd defendant, can be surreptitiously substituted with the 3rd defendant, by the 1st and 2nd defendants, as the candidate of the Peoples Democratic Party (PDP) for the Delta State House of Assembly Ughelli South Constituency elections in total disregard of the report of the 2nd defendants Electoral Panel and Electoral Appeal Committee for the conduct of the Delta State House of Assembly primaries held on 29 November, 2014, the 1999 Constitution (as amended) and the Electoral Act 2010 (as amended).

3. Whether the substitution of the plaintiff’s name, FESTUS UTUAMA with the name of the 3rd defendant (MR REUBEN IZEZE) as the candidate of the Peoples Democratic Party (PDP) after the plaintiff won the primary election of the Peoples Democratic Party (PDP) to the Delta State House of Assembly Ughelli South Constituency, on 29 November 2014 is not in violation of the Peoples Democratic Party (PDP) Constitution and the plaintiff’s right under the 1999 Constitution (as amended) and the Electoral Act 2010 (as amended).

And sought the following reliefs:

1. A declaration that the plaintiff having won and received the certificate of return as the

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winner of the Ughelli South Constituency, Delta State House of Assembly primaries conducted by the National Working Committee of the 2nd defendant, is the rightful and lawful candidate of the Peoples Democratic Party (PDP) for the Delta State House of Assembly election slated for 11 April, 2015.