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1
A declaration that the Plaintiffs are the validly nominated candidates of PDP for the elections into the Anambra State House of Assembly for the constituencies listed against the plaintiffs names.
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2
An Order of Court restraining the 1st Defendant from issuing certificates of return to any other person other than the 1st, 8th, 10th, 14th and 16th plaintiffs the PDP having won the election in their respective constituencies or if a certificate of return had been issued to any other person other than the said 1st, 8th, 10th, 14th and 16th plaintiffs, an Order compelling the 1st Defendant to cancel the said certificate. "(Underling supplied for emphasis).
It is to be stated for completeness that the farther amended originating summons taken out by the 10th – 17th respondents, but for the 10th relief supra, is about who, between them and others, consequent upon the parallel primaries of 19th respondent herein, are their party's candidates in the April 2011 elections for the various constituency seats. The 18th respondent, INEC, the plaintiffs assert, had inter-alia unlawfully accepted the lists of the names of the appellants from the Enugu State executive body rather than the list of the names of the 1st -17th respondents names submitted to it by the National Executive body of the P.D.P as the party's candidates in the April 2011 elections.
In its judgment, the trial court granted reliefs 1, 2, 4, 5 and 6 to the plaintiffs and non-suited them on reliefs 3, 7, 8, 9, and 10 on the ground that to do otherwise would imply ordering the cancellation of certificates of return issued by the 1st defendant to "any other candidates" without having afforded them a hearing.
Sequel to the reliefs granted them in suit No. FHC/ABJ/CS/199/2011, five out of the plaintiffs instituted suit No. FHC/ABJ/CS/574/2011, again at the trial court, against INEC, the appellants and the Clerk of the Anambra State House of Assembly seeking to enforce the judgment they obtained in the earlier suit. The appellants became aware of suit No. FHC/ABJ/CS/199/2011 and the reliefs ordered against them in favour of the 1st – 17th plaintiffs therein on their being served the originating processes in respect of the subsequent suit No. FHC/ABJ/CS/574/2011.
Being dissatisfied, the appellants obtained leave of the trial court and appealed against the court's judgment in suit No. FHC/ABJ/CS/199/2011 to the lower court. In dismissing the appeal, see page 2571 of Vol. 3 of the record of Appeal, the court held that the appellants who did not participate in the primary election conducted by the National Executive of the 1st respondent and having emerged from the illegal primaries conducted by the party's state executive, neither have any interest nor right the enforcement of which would warrant their being heard by any court.
Still aggrieved, the appellants have further appealed to this Court on an amended Notice containing five grounds of Appeal.
