Compulaw - 1st Indigenous Digital Law Library

Brief

Party primary
Stare decisis
Jurisdiction
Competency of court
Leave to appeal
Judgement not appealed against
Locus Standi
Section 87(4) of the Electoral Act 2010
Section 87(9) of the Electoral Act 2010
Section 87(4) (b)(i)(ii) of the Electoral Act 2010 (As amended)
Section 85 of the Electoral Act 2011 (As amended)
Section 86 of the Electoral Act 2011 (As amended)
Section 87 of the Electoral Act 2011 (As amended)
Section 87(4)(c) of the Electoral Act, 2010
Section 156 of the Electoral Act
Section 6(6)(a) of the 1999 Constitution
Section 233(2) (a) of the 1999 Constitution
Section 233(3) of the 1999 Constitution
Order 2 Rule 9 (1) of the Supreme Court Rules

Facts

This is an appeal against the judgment of the Court of Appeal, Abuja Division, hereinafter referred to as the lower Court, delivered on the 15th day of February 2017 striking out Suit No. FHC/ABJ/C5/997/2014 at the Federal High Court sitting at Abuja, hereinafter referred to as the trial Court, for incompetence having been commenced by the appellant who lacks the locus standi to institute same.

The appellant herein, as plaintiff at the trial Court, on the 12th December 2015 filed an originating summons against the respondents, as the defendants, seeking answers to the following five questions:

a
The appellant herein, as plaintiff at the trial Court, on the 12th December 2015 filed an originating summons against the respondents, as the defendants, seeking answers to the following five questions:
b
Whether having regard to the decision of the Federal High Court in suit No. FHC/ABJ/CS/830/2014 between Barr. Orji Chineye Godwin & 2 Ors Vs. People’s Democratic Party & 4 Ors delivered on the 24th November, 2014 the defendants are entitled to rely on the list of adhoc delegates other than the list sanctioned by the decision in the above case for the conduct of elections for the nomination of a governorship candidate for Enugu State at its primary election for that purpose.
c
Whether the defendants possess the right, vires and/or authority to side-track, ignore or fail to make use of the results of the ward congresses in the 260 wards of Enugu State held on the 1st November, 2014 as sanctioned and/or or recognized by the judgment of the Federal High Court in suit no. FHC/ABJ/CS/816/2014 between Barr. Orji Chineye Godwin & 2 Ors V. People’s Democratic Party & 4 Ors in the conduct of its primary elections for the election of its governorship candidate for Enugu State in the General Election of 2015.
d
Whether any candidate that emerged as the governorship candidate of the 1st defendant for Enugu State for the general election of 2015 at any purported primary election where the list of adhoc delegates used for the conduct of the purported election is based on any list other than the list emerged at the ward congresses of 1st November, 2014 can be lawful, constitutional and legitimate candidate of the 1st defendant having regard to the judgment of the Federal High Court in suit no. FHC/ABJ/CS/816/14 between Bar. Orji Chineye Godwin & 2 Ors V. People’s Democratic Party & 4 Ors, the provisions of the Constitution of the FRN 1999, Section 87 of the Electoral Act 2010, Constitution of the 1st defendant and the guide lines for the primary election 2014 of the 1st defendant.
e
Whether the plaintiff who was duly elected with the majority of lawful votes cast at the primary election held for the 1st governorship candidate of the defendant at Enugu on 8th December, 2014 with the use of the list of adhoc delegates that emerged at the congress that were conducted on the 1st November, 2014 and duly sanctioned by the FHC in its judgment in suit no. FHC/ABJ/C5/816/14 between Bar. Orji Chineye Godwin & 2 Ors V. People’s Democratic Party & 4 Ors is the candidate whose name must be forwarded by the 1st and 2nd defendant to the 3rd defendant as their duly elected candidate to be presented at the general election of 2015."

Anticipating the answers to the questions to be in his favour, the appellant prayed the Court for several declarations.

The originating summons is supported by a twenty one paragraph affidavit, deposed to by the appellant, annexed to which are exhibits 1 to 3 respectively. The appellant also filed 2nd, 3rd, 4th, 5th and 6th further affidavits in support of his originating summons. Various documents are annexed to the further affidavits.

Upon being served the originating summons, the 1st -2nd respondents filed a notice of preliminary objection to it and subsequently a counter-affidavit in opposition thereto.

The 3rd respondent also filed its counter-affidavit to the originating summons.The 4th respondent on being joined, following the order of Court in that regard, filed his preliminary objection to the originating summons in addition to his counter-affidavit in opposition.

Arguments in respect of the preliminary objections and the substantive suit were heard together by the trial Court which, in a considered judgment dated 2nd March 2015, overruled the preliminary objections, assumed jurisdiction and dismissed appellant's suit it adjudged unmeritorious.

Dissatisfied with the trial Court's dismissal of his suit on the merit, the appellant appealed to the lower Court in appeal no CA/A/157/2015. Equally aggrieved, the 1st and 2nd as well as the 4th respondents appealed against the trial Court's assumption of jurisdiction over appellant's suit in appeals Nos: CA/A/157A/2015 and CA/A/157B/2015 respectively. The lower Court considered the three appeals separately. In respect of appeal No CA/A/157/2015, the Court affirmed the trial Court's finding that the appellant has failed to prove his case and dismissed same.

In allowing appeals Nos: CA/A/157A/2015 and CA/A/157B/2015 the Court struck out the suit at the trial Court having been commenced by the appellant who is lacking the necessary locus standi.

Aggrieved, the appellant has appealed against these findings of the lower Court vide his notice containing seven grounds filed on the 2nd day of March 2017.

Senator Eze V. PDP (2018) CLR 7(m) (SC)

Judgement delivered on July 6th 2018

Brief

Facts

Issues