Rt. Hon. Chibuike Rotimi Amaechi V. Independent National Electoral Commission (Inec) & Ors. (2007)

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OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.

This is an appeal against the judgment of the Federal High Court sitting in Abuja, delivered on the 15th of March, 2007. By a writ of summons filed on 21/1/07, the plaintiff, now appellant before this court Honourable Chibuike Rotimi Amaechi claimed against the defendant Independent National Electoral Commission as follows:-

(1) A declaration that the option of changing or substituting a candidate whose name is already submitted to INEC by a political party is only available to political party and/or the Independent National Electoral Commission (INEC) under the Electoral Act 2006 only the candidate is disqualified by a court order.

(2) A declaration that under the Electoral Act 2006, it is only a court of law by an order that can disqualify a duly nominated candidate of a political party whose name and particulars have been published in accordance with Section 32(1) of the Electoral Act 2006

(3) A declaration that under the Electoral Act 2006, Independent National Electoral Commission (INEC) has no power to screen, verify or disqualify a candidate once the candidate’s political party has done its own screening and submitted the name of the plaintiff or any candidate to the Independent National Electoral Commission (INEC)

(4) A declaration that the only way Independent National Electoral Commission (INEC) can disqualify, change or substitute a duly nominated candidate of a political party is by court order.

(5) A declaration that under Section 32(5) of the Electoral Act 2006, it is only by a court of law after a law suit that a candidate can be disqualified and it is only after a candidate is disqualified by a court order, that the Independent National Electoral Commission (INEC) can change or substitute a duly nominated candidate

(6) A declaration that there are no cogent and verifiable reasons for the defendant to change the name of the plaintiff as the candidate of the Peoples Democratic Party (PDP) for the April 13, 2007 Governorship Election in Rivers State.

(7) A declaration that it is unconstitutional, illegal and unlawful for the defendant to change the name of the plaintiff as the candidate of the Peoples’ Democratic Party PDP for the April 13, 2007 Governorship Election in Rivers State.

(8) A declaration that it is unconstitutional, illegal and unlawful for the defendant to change the name of the plaintiff as the governorship candidate of Peoples’ Democratic Party PDP for Rivers State in the forth coming governorship election in Rivers State after the plaintiff has been duly nominated by the Peoples Democratic Party as its candidate has accepted the nomination and published the name and particulars of the plaintiff in accordance with Section 32(3) of the Electoral Act 2006, until a High Court disqualifies the plaintiff or until cogent and verifiable reasons are given to the defendant by whosoever desire to make the change.

(9) An order of perpetual injunction restraining the defendant from changing or substituting the name of the applicant as the River State Peoples Democratic Party Governorship candidate for the April 2007, Rivers State Governorship Election unless or until a court order is made disqualifying the plaintiff and or until cogent and verifiable reasons are given as required under Section 34(2) of the Electoral Act.

The 2nd and 3rd Respondents before this court were joined as plaintiffs by order of court. Whereupon the appellant amended the writ and statement of claim as follows:-

(i) A declaration that the option of changing or substituting a candidate whose name is already submitted to INEC by a political party is only available to a political party and/or the Independent National Electoral Commission (INEC) under the Electoral Act 2006 only if the candidate is disqualified by a court order.

(ii) A declaration that under Section 32(5) of the Electoral Act, 2006, It is only a Court of Law, by an order that can disqualify a duly nominated candidate of a political party whose name and particulars have been published in accordance with Section 32(3) of the Electoral Act 2006.