Judgment
TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal stems from the decision of the Court of Appeal Port Harcourt Division, delivered on the 2nd day of November, 2020 affirming the decision of the trial Federal High Court sitting in Port Harcourt delivered on the 4th day of September, 2020. The facts giving rise to the appeal are that, the elected Senator representing Cross River State North Senatorial District died in office, the event of his death therefore created vacancy in the Senate.
The second respondent, Independent National Electoral Commission issued out a notice on the 11th day of August, 2020 that bye-elections would be conducted to fill the existing vacancy, the bye-election was slated for 31st October, 2020. The 1st appellant accordingly requested the 2nd respondent to monitor the primary elections.
Before the primary elections were conducted, the 1st respondent in this appeal apparently perceived threat to his prospects of participating in the bye-election, he therefore through counsel commenced an action at the Federal High Court by originating summons on the 24th day of August, 2020, and submitted three questions for determination by the trial Court, the questions are: 1.
Whether upon proper construction and interpretation of the provisions of Sections 85(1) and 87 (c)(i) and 87 of the Electoral Act, 2010 (as amended), the defendant can alter, modify, amend, exclude or substitute the list of party members who emerged as ward and Local Government Area executives of the 1st defendant who emerged as ward and Local Government Area executives of the 1st defendant on the 7th and 21st March, 2020 pursuant to the elections duly conducted by the 1st defendant and monitored by the 3rd defendant. 2.
Whether by the provisions of Article 15(2) and 18 of the 1st defendant’s Constitution, the 1st defendant can alter, modify, amend, exclude or substitute the list of party members who emerged as ward and Local Government Area executives of the 1st defendant on the 7th and 21st March, 2020 pursuant to the elections duly conducted by the 1st defendant and monitored by the 3rd defendant. 3.
Whether by the provision of Section 87 of the Electoral Act, 2010 (as amended) and Article 59(2)(c) of the 1st defendant’s Constitution, the 1st defendant can conduct the primaries for its senatorial candidate in any other place or venue different from the senatorial Constituency Headquarters as prescribed by its Constitution.
