Before Their Lordships
ABUBAKAR JEGA ABDUL-KADIR Justice of The Court of Appeal of Nigeria
CON Justice of The Court of Appeal of Nigeria
JOSEPH E. EKANEM Justice of The Court of Appeal of Nigeria
MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Between
PEOPLES’ DEMOCRATIC PARTY Appellant
AND
1. EJIKE OGUEBEGO
2. HON. CHUKS OKOYE
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION
4. CHUKWUDI OKASIA Respondent
…………………….A…………………….
JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Abuja Division (“the Lower Court” for short) delivered on 5th December, 2014, in Suit No.FHC/ABJ/CS/854/2014. In the judgment the Lower Court granted all the reliefs sought by the plaintiffs (the 1st and 2nd respondents in this appeal).
In the originating summons taken out by the 1st and 2nd respondents at the Lower Court, they raised five questions for determination and sought the following reliefs.
“1. A declaration that the 1st defendant cannot legally and validly set up a caretaker committee or any other body whatsoever when the order of interlocutory injunction made by this Honourable court in Suit No.FHC/PH/CS/2013 now suit No.FHC/AWK/CS/247/2013 – EJIKE OGUEBEGO AND 2 OTHERS V. PEOPLES’ DEMOCRATIC PARTY And 10 Others (which order and suit is also the subject of pending appeal before the Port Harcourt Judicial Division of the Court of Appeal in suit No.CA/PH/764/2013 – PEOPLES’ DEMOCRATIC PARTY V. EJIKE OGUEBEGO AND 3 OTHERS) is still subsisting and subject of an appeal.
2. A declaration that the purported caretaker committee set up by the 1st defendant is an illegal and unconstitutional body when the tenure of the Ejike Oguebego led state executive committee of the Peoples’ Democratic Party, Anambra State Chapter which will lapse on the 16th March, 2016 is still subsisting, functioning and duly recognized by the court and the 2nd defendant.
