Before Their Lordships
OLUKAYODE ARIWOOLAJustice of The Supreme Court of Nigeria
JOHN INYANG OKOROJustice of The Supreme Court of Nigeria
AMIRU SANUSIJustice of The Supreme Court of Nigeria
AMINA ADAMU AUGIEJustice of The Supreme Court of Nigeria
PAUL ADAMU GALUMJEJustice of The Supreme Court of Nigeria
Between
1. MR. ANTHONY IGWEMMA
2. HON. VICTOR JIDEOFOR OKOYEAppellant(s)
AND
1. CHINEDU BENJAMIN OBIDIGWE
2. ALL PROGRESSIVES GRAND ALLIANCE
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)Respondent(s)
…………………….A…………………….
JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division delivered on 12th April, 2019 which affirmed the judgment of the Federal High Court Awka, dismissing the suit of the Appellants, relying only on one ground out of the various grounds raised by the 1st and 2nd Respondents in their various Notices of Preliminary Objection. The facts of the case giving birth to this appeal are as hereunder stated:-
The Appellants filed an Originating Summons as Plaintiffs against 1st -3rd Respondents as Defendants in suit No. FHC/AWK/CS/148/ 2018. In the said Originating Summons, the following questions were formulated:-
1. Whether having regards to the provisions of Section 31 (5) and 31(6) of the Electoral Act 2010 (as amended), the 1st defendant was qualified to be nominated as the All Progressive Grand Alliance (APGA) candidate for the Anambra East and West Federal Constituency in the 2019 General Election.
2. Whether having regard to the provisions of Section 87(1), 87(2) 87(4) (c)(ii) of the Electoral Act 2010 (as amended), Rule 10(1) and (2) of the APGA Electoral Guidelines for Primary Election 2018, the 2nd Plaintiff is the validly nominated candidate of the 2nd defendant to represent Anambra East and West Federal Constituency in 2019 General Election.
3. Whether having regard to the provisions of Section 87(1), 87(2), 87(4)(c)(ii) of the Electoral Act 2010 (as amended) Rule 10(1) and (2) of the APGA Electoral Guidelines for Primary Election 2018, the 2nd defendant ought not to have submitted the name of the 2nd Plaintiff to the 3rd defendant as its validly nominated candidate of the 2nd defendant to represent Anambra East and West Federal Constituency in 2019 General Election.
