Prince John Okechukwuemeka Vs. Lady Margery Okadigbo (2012)

LAWGLOBAL HUB Lead Judgment Report

Bode Rhodes-Vivour, JSC

The appellant, 1st and 4th respondents are members of the Peoples 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 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.

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 emerge as the winner of the primaries conducted by the party.

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/4th respondent claims the following reliefs:

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 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 a 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:

Whether on the proper interpretation of section 87 of the Electoral Art 9010 the 2010 the 2nd defendant has the right to remove the name of the person who won 2011 must be the person who secured majority of the votes cast in the indirect primaries conducted by the 2nd defendant for the Anambra North Senatorial District between 7th to 10th January, 2011.

Declaration that the only valid and authentic list of nominated candidates of the 2nd 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.

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 PDP 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 2011 or any other date.

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.

An order of mandatory injunction compelling the 1st defendant to recognize, screen and 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 or any other date.

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 the 17th of March 2011 delivered judgment in favour of the plaintiff/4th respondent in these words: