Sir Friday Nwanozie Nwosu V. Dr. Sampson Uchechukwu Ogah & Ors (2016)

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SAIDU TANKO HUSAIN, J.C.A. 

This appeal is one of the several appeals emerging from the Judgment delivered at Federal high Court Holden in Abuja on the 27th June, 2015 in Suit No.FHC/ABJ/CS/71/2016 between DR. SAMPSON UCHECHUKWU OGAH VS. PEOPLES DEMOCRATIC PARTY (PDP) & 3 ORS. Coram: Hon. Justice O. E Abang.

The 2nd respondent, the Peoples Democratic Party (PDP) had on the 8th December, 2014 organized and supervised the conduct of the PDP Primaries, the purpose of which was to elect the candidate for the Gubernatorial Elections for Abia State which was conducted on the 11th April, 2015. Members of the Peoples Democratic Party (PDP) who participated in the primaries as contestants include Sir Friday Nwanozie Nwosu, the appellant, Dr. Sampson Uchechukwu Ogah, the 1st respondent, and DR. Kezie Victor Ikpeazu, the 3rd respondent among others.

The 1st respondent had cause to raise issues generally relating to the conduct of the primaries and in particular the nomination of the 3rd respondent as the candidate for Governorship election on the platform of the Peoples Democratic Party.

Apparently not satisfied with the manner the People Democratic Party (PDP) hierarchy handled his complaints, the 1st respondent headed for the court where he commenced action on the 26th March, 2015 at the Federal High Court, Umuahia as plaintiff.

By the Originating Summons (as amended) filed, first as Suit No. FHC/UM/CS/94/2015 at the said court and now Suit No. FHC/ ABJ/CS/71/2016, the Plaintiff claimed several reliefs as set out in the Originating Process as amended. I will endeavor to reproduce those claims or the reliefs sought by him at the trial court especially so that parties have made references to the reliefs in their briefs of argument. The reliefs are reflected on the printed record of Appeal at pages 190-196 particularly pages 194- 196 thus:

(1) A declaration that Dr. Okezie Ikpeazu (the 2nd defendant) was not eligible nor qualified to be nominated or to participate or take part in the gubernatorial election for Abia State conducted by the Peoples Democratic Party and her officers on the 9th day of December, 2014 which the Plaintiff, Dr. Okezie Ikpeazu (the 2nd defendant) and others participated as aspirants.

(2) A declaration that Dr. Okezie Ikeazu not being qualified to be nominated or to participate or take part in the Peoples Democratic Party Gubernatorial Party Primary Election on 8th December, 2014 is not the aspirant scored in law and on facts, the highest number of votes cast in the Peoples Democratic Party Primary election conducted pursuant to section 87(4) (B) (i) and (ii) of the Electoral Act 2010 (as amended) and part IV, Article 14 (a) of the Peoples Democratic Party (PDP) Electoral Guideline 2014.

(3) A declaration that the votes allegedly scored by Dr. Okezie Ikpeazu in the Peoples Democratic party Primary Election for aspirants to the gubernatorial election for Abia State on 8th December, 2014 are wasted votes, null, void and non of the defendants is entitled to act on the scores credited to Dr. Okezie Ikpeazu (the 2nd defendant) based on the said Peoples Democratic Party Primary Election which Dr. Okezie Okpeazu (the 2nd defendant) abinitio is not qualified to be nominated or participated in the said Primary Election.

(4) An order declaring the Plaintiff, (Dr. Sampson Uchechukwu Ogah) as the aspirant in the Peoples Democratic Party Election for aspirants conducted by the Peoples Democratic Party on 8th December, 2014 as the aspirant that scored the highest number of votes cast for aspirants in which the Plaintiff, Dr. Okezie Ikpeazu and others participated as aspirants pursuant to section 87(4) (B) (i) and (ii) of the Electoral Act and Article 14 (a) of the Peoples Democratic Party Electoral Guideline for 2014.

(5) An order that the plaintiff being the aspirant that scored the highest number of lawful votes cast in the Peoples Democratic Party Primary election for gubernatorial aspirants in Abia State conducted on 8th December, 2014, it is the Plaintiff that is entitled to be nominated and is the nominated candidate of Peoples Democratic Party in the Gubernatorial election in Abia State for the 2015 general election schedule to take place on 11th April, 2015, pursuant to Section 87(4)B(i) and (ii) of the Electoral Act 2010 (as amended) and article 14 (a) of the Peoples Democratic Party Electoral Guideline 2014

(6) An order pursuant to section 87(4)B(i) and (ii) of the Electoral Act 2010 (as amended) and Article 14(a) of the Peoples Democratic Party Electoral Guideline 2014 for the 1st defendant (Peoples democratic Party) to submit the name of the plaintiff to the 3rd defendant (Independent National Electoral Commission) as the Gubernatorial candidate of People Democratic Party, in the gubernatorial election for Abia State in the 2015 general election schedule for 11th April 2015 and for the 3rd defendant (Independent National Electoral commission) to accept the name of the plaintiff as the candidate of the Peoples Democratic Party for the 2015 gubernatorial election in Abia State.

(7) An order mandating the 3rd defendant (INEC), pursuant to 87(4) B (ii) and 34 of the Electoral Act 2010 (as amended) to accept and to publish the name of the plaintiff as the candidate of Peoples Democratic Party for the gubernatorial Election for Abia State in the 2015 general election fixed for 11th April, 2015.

(8) In the event that the above suit is not determined before the conduct of the general election in 2015 to the gubernatorial Election for Abia State then a consequential order that the plaintiff is the candidate of the 1st defendant in the 2015 gubernatorial election in Abia state pursuant to Section 87 (4) B (i) and (ii) of the Electoral Act and article 14 (a) of the PDP Electoral Guideline 2014 is the person entitled to the Certificate of Return (in the event the election is won by Peoples Democratic Party) in the election for the office of Governor of Abia State fixed for 11th April, 2015.