The appellant, 1st and 4th respondents are members of the People’s Democratic Party (PDP, the 2nd respondent). They were all interested in the Senatorial seat for Anambra North in the General Elections conducted by the 3rd respondent in April, 2011. To qualify as the senatorial candidate of the 2nd respondent, the candidates must contest primaries. The 1st and 4th respondents contested a primary held on the 8th day of January, 2011, while the appellant participated, according to him in primaries held on the 10th day of January, 2011.
The 1st and 4th respondents claimed to have won the primaries conducted on 8/1/2011. The PDP forwarded the name of the 1st respondent to INEC as its candidate for the senatorial elections for Anambra North in the general elections held in April, 2011. I shall comment on the primaries held on 8/1/11 and 10/1/11 later on in this judgment. Dissatisfied with the stance of the PDP forwarding the name of the 1st respondent to INEC as its senatorial candidate, the 4th respondent filed an originating summons where the 3rd respondent, was 1st defendant the 2nd respondent was 2nd defendant, the appellant was 3rd defendant, the 1st respondent was 4th defendant and the 5th respondent was 5th defendant. The plaintiff/4th respondent raised three questions for determination. They are:
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1
Whether on the proper interpretation of Section 87 of the Electoral Act 2010; the 2nd defendant has the right to remove the name of the person who won the indirect primaries for the nomination of a candidate for election into the Anambra North Senatorial District to be held in April 2011 or any other date and present to the 1st defendant some other person as its candidate other than the winner of the said primaries.
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2
Whether the 1st defendant can accept from a political party and recognize as the candidate of the party and place on the ballot paper, a person who did not as the winner of the primaries conducted by the party.
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3
Whether the 1st defendant can accept from a political party and place on the ballot as a candidate for election into the Anambra North Senatorial District to be held in April, 2011 or any other date, a nominee of a political party who is not chosen in accordance with the provisions of Section 87 of the Electoral Act.
And if the answers to questions 1, 2, and 3 are in the negative, the plaintiff/4^"- respondent claims the following reliefs:
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1
Declaration that based on the dictates of Section 87 of the Electoral Act 2010, the 2nd defendant's candidate for the Anambra North Senatorial District election to be held in April 2011 must be the person who secured majority of the votes cast in the indirect primaries conducted by the 2n" defendant for the Anambra North Senatorial District between 7 m to 1 Om January, 2011.
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2
Declaration that the only valid and authentic list of nominated candidates of the 2n" defendant for the general election is that which bears the name of the plaintiff as the 2nd defendant's candidate for the Anambra North Senatorial District.
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3
An Order of injunction restraining the 2nd defendant, its agents, servants and privies from recognizing any result of the National Assembly primary election of the PDF conducted between 7th-10th January, 2011 in Anambra State other than the result bearing the name of the plaintiff as the duly elected person to contest for the Senate on the Anambra North Senatorial District to be held in April 20 other date.
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4
An Order of injunction restraining the 1st defendant from accepting, recognizing or acting upon any list of candidates other than the list bearing the name of the plaintiff as the PDP candidate for Anambra North Senatorial District or in any way publishing displaying, screening putting on the ballot paper or howsoever dealing with any person other than the plaintiff as the 2nd defendant's candidate for the Anambra North Senatorial District in the General Election scheduled to take place in April, 2011 or any other date.
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5
An order of mandatory injunction compelling the 1st defendant to recognize, screen and publish the name the plaintiff as the authentic candidate of the 2nd defendant for the general election for Senate, Anambra North Senatorial District scheduled for April, any other date.
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6
An order of injunction restraining the 2nd defendant from holding out, parading or recognizing any person other than the plaintiff as the candidate of the 2nd defendant for the general election for senate, Anambra North Senatorial District scheduled for April, 2011 or any other date.
Trial was on affidavits and documentary evidence. Abdul-Kafarati, J., of the Federal High Court; Abuja presided, and on the 17th of March, 2011, delivered judgment in favour of the plaintiff/4th respondent in these words:
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"I have earlier held in judgment that the plaintiff won the primary election of 8/1/2011 based on his averments in paragraphs 5,7,8,9, 15, 16 and 18 of his affidavit in support and Exhibits A-C, C1, D-D164. Having said this, I am of the opinion that the 1st and 2nd defendants were not justified in removing the name of the plaintiff and substituting it with that of the 3rd defendant. I hold that the 1st and 2nd defendants did not comply with the provisions of Section 87 of the Electoral Act. Based on the foregoing, I hold that questions 1-3 in the originating summons are answered in negative. Consequently upon this, all the declaratory and injunction reliefs as contained on the face of the originating summons are granted. The 1st defendant is ordered to publish the name of the plaintiff as the authentic candidate of the 2nd defendant for the general election for Senate Anambra North Senatorial District Scheduled for April, 2011 Election."
According to the learned trial Judge, the plaintiff/4th respondent is the authentic candidate of the PDP based on the primaries of the PDP which was held on the 8tn of January, 2011.
Three appeals were filed against the judgment of the trial court. They are appeals Nos. CA/A/166/2011, CA/A/ 243/2011 and CA/ A/281/2011. The three appeals were subsequently consolidated and heard on the 5th of October, 2011.
Senator Uba Igbeke and INEC were respondents in the three appeals. Prince J. Okechukwu Emeka is a respondent in the first and third appeals and appellant in the second appeal. The PDP is a respondent in the first and second appeals and the appellant in the third appeal. Lady Margery Okadigbo is the appellant in the first appeals but the respondent in the second and third appeals, while Chief B. U deozor is a respondent in the second appeal.
The judgment of the trial court was upset on appeal, the Court of Appeal said:
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"…..In Appeal 1, the appellant Lady Margery Okadigbo being the candidate that scored the highest votes in the primary election held by the PDP in Anambra Senatorial District on the 8th January, 2011, the only validly held PDP primary election in that Senatorial District in respect of the April, 2011 general elections, was the candidate that won the said primary election and I hereby so hold,"
This appeal is against that judgment.
