Senator Julius Ali Ucha V. Dr. Emmanuel Onwe & Ors (2011)

LAWGLOBAL HUB Lead Judgment Report

F.F. TABAI, JSC,

The action which has culminated in this appeal before us was commenced at the National Assembly Governorship and Legislative Houses Election Petition Tribunal Abakaliki in Ebonyi State by way of a petition dated and filed on the 19th of May, 2007. The Petitioner, DR. EMMANUEL ONWE was the Appellant at the Court below and the 1st Respondent in this appeal before us. SENATOR JULIUS ALI UCHA was the 1st Respondent at the trial Election Tribunal and at the Court of Appeal. He is the Appellant in the appeal before us.

The grounds relied upon for the petitions were stated to be that:

“1. The 1st Respondent was at the time of the election not qualified to contest the election.

2. The petitioner was validly nominated but was unlawfully excluded fro m the election.”‘

The petitioner then proceeded to state the facts in support of the petition in 31 paragraphs. They run as follows:-

i) The Petitioner states that sometime in 2006, in preparation for the April 2007, political parties including the 4th Respondent of which the petitioner is a financial member, organized Primary Elections in order to elect their candidates.

ii) The Petitioner states that the 4th Respondent, published guidelines for the conduct of the said Party Primaries which served as rules for the primary election, The Petitioner shall at the trial rely on the said Guidelines und hereby gives the 4th Respondent Notice to produce.

iii) In compliance with the said Guidelines, the petitioner who was desirous of running for the Senate purchased both the Party’s “Expression of Interest Form” and “Nomination Form” at the cost of One million, ten thousand Naira only (N1,010,000.00) and shall at the trial rely on Guarantee Trust Bank Tellers No. 3066795 and 3066793 of 15th November, 2006.

iv) The Petitioner states that after the payment of the said sum of One million, ten thousand Naira only N1,010,000,00) into the 4th Respondent’s Party’s account, the Petitioner was issued with the 1st Respondent’s payment receipt No. 09216 and thereafter, a clearance letter, showing that the Petitioner was in good financial standing with the 4th Respondent to stand the party primaries, The Petitioner shall at trial rely on the said documents and gives the 4th Respondent notice to produce.

v) The Petitioner states that as part of the preparations to the said Party Primaries, the 4th Respondent constituted two committees namely ‘Screening Committee’ and ‘Ebonyi State Electoral Panel’ which screened the Party’s candidates for the Primaries and conducted the Primaries respectively.

vi) The Petitioner states that he was screened by the said Screening Committee and cleared, and thereafter given PDP Clearance Certificate with No. 0001275. The Petitioner pleads the said Clearance Certificate.

vii) The Petitioner states that after the Party Screening exercise, the 4th Respondent published the “List of all the Senatorial Aspirants” showing all the aspirants screened and cleared, to stand the 4th Respondent’s Senatorial Primaries. The Petitioner shall rely on the said document and hereby gives Notice of produce.

viii. The Petitioner states that the 1st Respondent’s was not in the said List of Aspirants.

ix) The 1st Respondent states that the said Senatorial Primaries for the Ebonyi Central Senatorial District was held on the 2nd of December 2006, at which event the Petitioner won by an overwhelming and undisputable majority.