Judgment
TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar Division summarily striking out the Appellant’s appeal in Appeal No. CA/C/119/2021.
Just by way of summary of facts leading to the commencement of the suit at the trial Court, the Appellant, who was a member of the 2nd Respondent party and an aspirant for the Chairmanship position of Abak Local Government of Akwa Ibom State, alleged that following the announcement by the Government of Akwa Ibom State of its intention to conduct elections across the Local Government Councils in the state, the chapter party Chairman of the 2nd Respondent in Abak Local Government Area of Akwa Ibom State – one Dr.
Michael Dan Udo, published a document by which the chairmanship position for Abak Local Government under the platform of the 2nd Respondent, was zoned to Midim Clan, a constituent Clan in the Local Government (alongside four other Clans) which the Appellant belongs to. According to the Appellant, this zoning arrangement is in line with the practice that has been adopted by the 2nd Respondent in Abak Local Government for over 20 years.
However, it was discovered that contrary to the zoning arrangement already agreed and established over a long period of time, nomination forms were sold to the 1st Respondent and other persons who are not indigenes of Midim Clan, and during the screening process, the Screening Committee of the 2nd Respondent rejected the Appellant on the ground that the zoning arrangement did not favour his Clan.
After exhausting the internal dispute resolution mechanism of the party including filing a complaint with the 2nd Respondent’s Appeal Panel, and without getting a formal disqualification letter, and following the publication of list of candidates for the Local Government Election by the 2nd Respondent, the Appellant as Claimant commenced an action vide a writ of summons dated the 10th day of September, 2020 against the 1st to 3rd Respondents (as 1st to 3rd Defendants) seeking the following reliefs: 1.
“A Declaration that it is the turn of Midim Clan in Abak Local Government to produce the Chairman of Abak Local Government in the year 2020 Local Government election as all the five Clans in Abak Local Government have enjoyed the Zoning Formula and Midim Clan waited for the past 21 years for other clans to produce the Chairman of Abak Local Government in pursuance of equity, fairness and justice, and in tandem with the 2nd Defendant’s zoning formula. 2.
