Uba V. Ozigbo & Ors (2021)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal Awka Judicial Division, holden at Enugu and delivered on 3rd September, 2021 wherein the Court below set aside the judgment of O. A. Nwabunike, J of the High Court of Anambra State in suit No. A/230/2021 between Senator Ugochukwu Uba (Appellant herein) v INEC & 2 Ors. By virtue of the judgment delivered by Nwabunike, J aforementioned on 19th July, 2021, the 1st Respondent herein filed an appeal at the lower Court which culminated in the judgment of the lower Court delivered on 3rd September, 2021 allowing the appeal and setting aside the said judgment of Anambra State High Court. A summary of the facts of the case giving birth to this appeal as captured by the Court below may be stated as hereunder.

​By an originating summons dated the 5th day of July, 2021 and filed same date, the Appellant herein contended that his faction of the Peoples Democratic Party conducted a primary election on the 26th of June, 2021 at Paul University, Awka, Anambra State, pursuant to the judgment of the High Court of the Federal Capital Territory, Abuja, delivered on the 9th of June, 2021 by Honourable Justice O. A. Adeniyi in suit No. HC/CV/774/2021 between SAMUEL ANYAKORAH (for himself and on behalf of all Local Government Area Chairmen and ward Executives who emerged from the Anambra P.D.P. congresses conducted on the 24th of November, 2017 and 1st December 2017, under the supervision of Sir Chukwudi Umeaba (Acting State Caretaker Committee) v PEOPLES DEMOCRATIC PARTY (P.D.P.) & 2 Ors. That the Appellant contended that the primary election by that faction of Peoples Democratic Party produced him as the winner of the primary election.

That the Appellant further contended that the Governorship primary election conducted by the National Executive Committee of the Peoples Democratic Party (3rd Respondent) at the Professor Dora Akunyili Women Development Centre, Awka on the 26th of June, 2021 under the Chairmanship of Comrade Philip Shuaibu (Deputy Governor of Edo State) in which the Appellant won the majority of lawful votes cast and was duly nominated and elected as the candidate of the 3rd Respondent (P.D.P.) and the flag bearer for the forthcoming governorship election scheduled for the 6th of November, 2021 by the 2nd Respondent (INEC) was conducted in disobedience to the judgment of the High Court of the Federal Capital Territory, Abuja, delivered by Honourable Justice O. A. Adeniyi on 9th of June, 2021 in suit No. HC/CV/774/2021 between SAMUEL ANYAKORAH (for himself and on behalf of all Local Government Area Chairmen and ward Executives who emerged from the Anambra P.D.P. congresses conducted on the 28th of November, 2017 and 1st December, 2017, under the supervision of Sir Chukwudi Umeaba as acting Chairman, State Caretaker Committee) v PEOPLES DEMOCRATIC PARTY (P.D.P.) & 2 Ors.

​That the primary election conducted by the National Executive Committee of the 3rd Respondent in which the Appellant was elected the candidate of the party was conducted in substantial compliance with the 1999 Constitution (as amended), the Electoral Act 2010 (as amended), as well as the Constitution of the 3rd Respondent. The 2nd Respondent (INEC) monitored the exercise and duly issued a report affirming the due conduct of the primary. It is this primary election that was conducted by the National Executive Committee of the 3rd Respondent under the Chairmanship of Comrade Philip Shuaibu (Deputy Governor of Edo State) that the learned trial Judge in his judgment, held as being in disobedience to the order of O. A. Adeniyi J, of the High Court of the Federal Capital Territory, Abuja.

That based on the foregoing, the Appellant sought the determination of the questions on the originating summons and prayed the High Court as follows:-

“i. A declaration that the Governorship Primary Election conducted by the Peoples Democratic Party on 26th June, 2021 at Paul University, Awka, Anambra State, pursuant to:

a. Judgment of High Court of the Federal Capital Territory, Abuja, delivered by Honourable Justice O. A Adeniyi on 9th of June, 2021 in suit No. HC/CV/774/2021 between SAMUEL ANYAKORAH (for himself and on behalf of all Local Government Area Chairmen and ward executives who emerged from the Anambra P.D.P. Congresses conducted on the 28th of November, 2017 and 1st December, 2017, under the supervision of Sir Chukwudi Umeaba as acting chairman, State caretaker Committee) v PEOPLES DEMOCRATIC PARTY (P.D.P.) & 2 Ors.

b. The Ruling delivered on 23rd June, 2021 in the same suit.

c. The 1st Defendant’s letter dated 22nd June, 2021 (with reference number INEC/LEG/LM/04/T/131) signed by the secretary to the 1st defendant.

d. Section 87(7) of the Electoral Act 2010 (as amended).

e. And Section 50(1) of the PDP Constitution (as amended), which produced the plaintiff as the winner of the election is valid, lawful, proper and binding on all the defendants and other members of the 2nd defendant’s party.

ii. A Declaration that the alleged Governorship Primary election of the 2nd defendant purportedly held on the 26th of June, 2021 at the Professor Dora Akunyili Women Development Centre, Awka, which was held

a. In disobedience to judgment of the High Court of the Federal Capital Territory, Abuja, delivered by Honourable Justice O. A. Adeniyi on 9th of June 2021 in suit No, HC/CV/774/2021 between SAMUEL ANYAKORAH (for himself and on behalf of all Local Government Area chairmen and ward executives who emerged from the Anambra PDP congresses conducted on the 28th of November, 2017 and 1st December, 2017, under the supervision of Sir Chukwudi Umeaba as acting chairman, State caretaker Committee) v PEOPLES DEMOCRATIC PARTY (PDP) & 2 Ors.