ETIM v. AKPAN & ORS

…………………….A…………………….

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Calabar Division, hereinafter referred to as the lower Court, in respect of Appeals Nos CA/C/87/2017 and CA/C/104/2017 delivered on 30th day of November 2017, setting aside the decision of the Federal High Court sitting in Uyo, hereinafter referred to as the trial Court, in suit No. FHC/UY/CS/1087/2015. Hereinunder is supplied a summary of the facts that brought about the appeal.

The 2nd respondent, the P.D.P. a registered political party, with the view to nominating its candidate for the Akwa Ibom North East Senatorial Seat in the 2015 general election, conducted its primary election on the 7th day of December 2014. The appellant, 1st respondent and others contested the said primary election at the end of which the name of the 1st respondent who had polled the highest vote was forwarded to the 3rd respondent by the 2nd respondent as its candidate for the Senatorial Seat. Aggrieved by these turn of events, the appellant commenced the suit that brought about this appeal at the trial Court.

By his amended statement of claim the appellant, as plaintiff, claims against the respondents being the defendants the following declaratory and injunctive reliefs:-
“a) A DECLARATION that the 1st defendant is bound by the provisions of its Constitution, Guidelines for the primary Elections 2014 and the results of its nomination processes for the election of its candidate in to the Akwa Ibom North East Senatorial District of Akwa Ibom State.
b) A DECLARATION that the 1st Defendant lacks competence, vires or authority to ignore, sideline or swap the results of the primary election conducted on the 7th December 2014 for the election of its candidate for Akwa Ibom North East Senatorial District to the prejudice of the Plaintiff who was so elected.
c) A DECLARATION that the Plaintiff is, and no other person is for all practical purpose relating to or connected with the 1st Defendant’s candidacy in respect of the 2015 election in the Akwa lbom North East Senatorial District, the candidate of the 1st defendant fielded for the said election.
d) AN ORDER of this Honourable Court mandating the 1st Defendant to forward to the 2nd Defendant and for the said Defendant to accept the name of the Plaintiff as the 1st Defendant’s only candidate for the Akwa lbom North East Senatorial District for the purpose of the 2015 Senatorial elections for that District.
e) AN ORDER of this Honourable Court mandating the 2nd Defendant to recognize and put on the ballot the name of the Plaintiff as the 1st Defendant’s candidate for the Akwa Ibom North East Senatorial District of Akwa lbom State for the purpose of 2015 general elections for that Senatorial District.
f) AN ORDER OF INJUNCTION restraining the 2nd Defendant from accepting, recognizing, dealing with/or putting on the ballot paper the name of the 3rd Defendant or any person other than the Plaintiff as the 1st Defendant’s candidate for Akwa Ibom North East Senatorial District of Akwa lbom State at the 2015 Senatorial elections for that Senatorial District.
g) AN ORDER nullifying any or all purported actions of the Defendants relating to the Senatorial election in respect of Akwa Ibom North East Senatorial election, including any allegedly held election, to the prejudice of the Plaintiff and in contravention of the 1st Defendant’s party primary election of 7th December 2014, the provisions of its Constitution, Guidelines for the Primary Elections 2014 and the result of its nomination processes for the election of its candidate in to Akwa lbom North East Senatorial District of Akwa Ibom State.
h) AN ORDER of this Honourable Court setting aside the certificate of returns issued by the 2nd defendant to the 3rd Defendant same having being done irregularly and illegally.
i) AN ORDER of this Honourable Court on the 2nd Defendant to issue a fresh certificate of return to the Plaintiff as the true and bonafide candidates of the Defendant in to Akwa Ibom North East Senatorial District.