Rt. Hon. Rotimi Chubuike Amaechi V Inec & 2 Ors (2008)

LAWGLOBAL HUB Lead Judgment Report

The appellant, a member of the Peoples Democratic Party (PDP) was one of the eight candidates who contested the primaries for nomination as Peoples Democratic Party (PDP) candidate for the Rivers State Governorship election scheduled for the 14th day of April, 2007. It is not disputed that from the records, he scored the highest votes cast at the primary election and was not only declared the winner of same but his name and relevant particulars were duly sent by the party, the 3rd respondent in this appeal, to the 1st respondent as the 3rd respondent duly nominated candidate for the scheduled general election. The parties are agreed that the 2nd respondent was never a candidate in the primary election conducted to nominate the candidate for the Rivers State Governorship election neither did he win the same. Upon the receipt of the nomination of the appellant, the 1st respondent caused the name of the appellant to be published in the Constituency as required by the Electoral Act, 2006. However, on the 2nd day of February, 2007, the 3rd respondent acting under its powers of substitution or change of candidate for the election, purported to exercise same by submitting the name of the 2nd respondent to the 1st respondent as a substitute for the appellant for the said election on the ground that the name of the appellant was earlier submitted “in error”. Meanwhile, and in anticipation of the threat to substitute him with the 2nd respondent, the appellant caused a writ of summons to be issued against the 1st respondent on the 20th day of January, 2007 and in his amended statement of claim sought inter alia the following reliefs: Declarations that it is only a court order that can disqualify him from contesting the elections and that there were no cogent and verifiable reasons for substituting his name as the PDP candidate. The trial court held that the substitution was proper. This was confirred by the court of appeal hence this further appeal to the Suprme Court. Appeal allowed. The Supreme Court held that there were no cogent and verifiable reasons for the substitution of the appellant by the 3rd respondent.

On the Main Appeal

Whether the Court of Appeal was not in error in allowing fresh evidence on appeal when no exceptional circumstances was shown to warrant such admission.

Whether having regard to the undertaking before the court, the court below ought not have followed the decision of the Supreme Court in Ugwu v. Ararume (supra)?

Whether there exists cogent and verifiable reasons to warrant the substitution of the appellant’s name with that of any other person in breach of Section 34 of the Electoral Act, 2006 and if not whether the purported substitution of the appellant’s name is not null and void.

Whether INEC (1st Respondent) can rely on extraneous facts or any facts not presented by a political party seeking substitution to verify reasons given seeking substitution.

Whether there was in existence an indictment of the Appellant for same to be used as a basis to verify the reasons of error given by the 3rd respondent for seeking the substitution of the Appellant’s name.

Whether having regard to the concept of LIS PENDENS and the fact that at the material time of the election, appellant being the only lawful candidate of the PDP, he ought not to be declared the winner of 14th April, 2007 gubernatorial elections in Rivers State.

1st Cross-appeal Issues

Whether the Court of Appeal was correct when it held that the appeal in issue did not abate upon the 2nd respondent being sworn in as the Governor of Rivers State whereupon he acquires constitutional immunity pursuant to Section 308 of the 1999 Constitution.

Whether the Court of Appeal was correct in law when after finding that the entire gamut of appellant’s dispute arose from nomination and sponsorship (matter within the domestic sphere of the 3rd respondent) it did not rule the entire dispute non-justiciable.

Whether the proceedings were void ab initio on the basis that evidence viva voce was not taken in a suit commenced by writs of summons/Statement of claim in respect of reliefs that were all declaratory in nature?”

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2nd Cross-appeal Issues