LawPavilion Online


Back

FRANK NNAEMEKA NWEKE JNR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2016) LPELR-41254(CA)

In The Court of Appeal of Nigeria

On Wednesday, the 2nd day of November, 2016

CA/A/633/2015


Before Their Lordships

ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria

TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria

TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria


Between

FRANK NNAEMEKA NWEKE JNR - Appellant(s)

AND

1. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
2. PEOPLES DEMOCRATIC PARTY (PDP)
3. DR. ANTHONY MANZO
(Chairman Peoples Democratic partyýýýs Electoral Panel for Enugu East Senatorial District)
4. SENATOR GILBERT NNAJI - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:

FACTS:
This is an appeal against the judgment of the Federal High Court, Abuja in suit No. FHC/CS/1001/2014 delivered on the 15th day of June, 2015.

The appellant as plaintiff at the lower Court instituted an action by an Amended Originating Summons dated and filed on 25th day of February, 2015 asking for determination of the following question.
"Whether having regard to the judgment of Hon. Justice A. F.  A. Ademola J. of the Federal High Court Abuja Division, dated the 24 day of November, 2014 in suit No. FHC/ABJ/CS/815/2014 %u2013 Barr. Orji Chinenye Godwin and 2 others vs Peoples Democratic Party and 4 others, the 2nd and 3rd defendants can validly return anybody as the candidate of the 2nd Defendant in respect of the Enugu East Senatorial District without the participation and votes of the Court sanctioned delegates specifically referred to in the said judgment."

If the answer to the above question is in the negative, the plaintiff (as appellant herein) claims the followings:
%u200Ba) A declaration that by the combined effect of the Constitution of the Peoples

1

Democratic Party (PDP) and Electoral Act 2010 (as amended) the 2nd and 3rd Defendants cannot make any return in respect of the candidate of the 2nd Defendant for the Enugu East Senatorial District without the participation in the party primaries of the Court approved delegates for Enugu East Senatorial District.
b) A Declaration that the only validly returned candidate of the Peoples Democratic Party (PDP) in the primaries held on Sunday the 7th day of December, 2014 for Enugu East Senatorial District is the Plaintiff.
c) An order directing the 1st Defendant to accept the name of the plaintiff as the candidate of the Peoples Democratic Party for the Senatorial Seat of Enugu East Senatorial District of Enugu State.

The Originating Summons reflected at pages 1 - 8 of Volume 1 of the Record of Appeal is supported by thirty eight paragraphs affidavit sworn to by the appellant.

The 2nd and 3rd Defendants (as 2nd and 3rd Respondents herein) filed a counter affidavit in opposition to the Originating Summons at pages 834 - 849 of the record, volume 2.

%u200BThe 4th Defendant (as 4th respondent herein) also filed a counter affidavit opposing the


2

Originating summons at pages 901- 920 of Volume 2 of the Record. The appellant filed a further affidavits in support of the Originating Summons as shown at pages 865 - 879 of Volume 2 of the Record. The appellant also filed a further affidavit in reaction to the counter affidavit of the 4th respondent as reflected at pages 950 - 960 of Volume 2 of the Record.

At the hearing of the suit in the lower Court, the 2nd, 3rd and 4th respondents in this appeal filed a preliminary objection which was heard with the substantive suit and it was dismissed At the end of trial, the appellant's case failed and it was dismissed.

The judgment of the trial Court delivered on 15th June, 2015 gave rise to this appeal.


ISSUES:

DECISION/HELD:


Read Full Judgment