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CaseLaw

Amadi V. Chief Ozomgbachi (2018) CLR 7(k) (SC)

Judgement delivered on July 20th, 2018

Brief

  • Need for party to maintain same case on appeal as it did at lower court
  • Grounds of appeal
  • Section 233(3) of the 1999 Constitution

Facts

The two appeals have a common source. Their fountain head was the suit No.FHC/ABJ/CS/1026/2014 brought on the originating summons by the Appellant herein against the three Respondents (as defendants) in each of the two appeals. It is therefore right that the two appeals be taken together, especially as the issues for determination in the two appeals are almost identical.

The Appellant, as the plaintiff, sought the Federal High Court to determine the following three (3) questions and sought nine (9) reliefs, namely:

  • 1
    QUESTION FOR DETERMINATION
    • a
      Having regard to the Subsisting judgment of the Federal High Court in suit No.FHC/ABJ/CS/816/2014 BARR. ORJI CHINENYE GODWIN & ORS v. PEOPLES DEMOCRATIC PARTY & 4 ORS, the Ward Congress held by the 2nd Defendant in Udi and Ezeagu LGAs in Enugu State remain the only valid and authentic Ward Congress for the purpose of conducting Primary Election for the selection/nomination of the PDP candidate for the Udi and Ezeagu Federal Constituency.
    • b
      Whether the selection/nomination of the 2nd Defendants candidates for the office of Member Federal House of Representatives in the forthcoming General Election can be conducted except by the Ad hoc delegates elected/selected at the Ward Congress held on 1st November, 2014 in Udi and Ezeagu LGA as per the subsisting Judgment of the Federal High Court in suit No.FHC/ABJ/CS/816/2014 aforesaid.
    • c
      Whether the Plaintiff having been elected/nominated by the approved and authentic delegates at the primary election held on 6th December, 2014 for the selection/election of the PDP candidate for Udi and Ezeagu Federal Constituency for the forthcoming General Elections, his name ought to be submitted to the 3rd Defendant as the PDP candidate for the election to the offence of the Member Federal House of Representatives for Udi and Ezeagu Federal Constituency.
    • 2
      UPON THE DETERMINATION OF THE FOLLOWING (SIC-FOREGOING) QUESTIONS, THE PLAINTIFF SEEKS THE FOLLOWING RELIEFS:
    • i
      A DECLARATION that by the subsisting final judgment suit No.FHC/ABJ/CS/816/2014, the Ward Congress held by the 2nd Defendant for the Udi and Ezeagu LGA on 1st November, 2014 for the purpose of electing the Ad hoc delegates for the conduct of the Primary Election for Udi and Ezeagu Federal Constituency is valid, authentic and only legitimate Ward Congress for the conduct of primary election in Udi and Ezeagu Federal Constituency.
    • ii
      A DECLARATION that the Ad hoc delegates elected/selected at the Ward Congress held on 1st November 2014 by the 2nd Defendant as per the subsisting Judgment in suit No.FHC/ABJ/CS/816/2014 are the only valid and legitimate delegates under the PDP Constitution and electoral Guidelines 2014 for the purpose of electing/selection/nominating the PDP candidate for the election to the office of Member House of Representatives for Udi and Ezeagu Federal Constituency.
    • iii
      A DECLARATION that the primary election conducted by the delegates elected at the Ward Congress referred to above and which said primary election was conducted on 6th December, 2014 is valid, legitimate and subsisting.
    • iv
      A DECLARATION that the plaintiff having been elected/selected/nominated as the winner of the primary election conducted on 6th December, 2014 is the duly selected/elected candidate of the 2nd Defendant whose names and particulars should be submitted to the 3rd Defendant under the Electoral Act, 2010, as amended.
    • v
      AN ORDER OF INJUNCTION restraining the 2nd Defendant by itself, its officers, servants, privies or any organ whatsoever from submitting any other name save the names/particulars of the plaintiff as the 2nd Defendant's candidate for Udi and Ezeagu Federal Constituency (election to the office of Member, Federal House of Representatives, Udi and Ezeagu Federal Constituency).
    • vi
      AN ORDER OF INJUNCTION restraining the 1st Defendant or any other person acting for and in his behalf from interfering with the Plaintiff's right as the elected PDP candidate for Udi and Ezeagu Federal Constituency for the forthcoming 2015 General elections.
    • vii
      AN ORDER OF INJUNCTION restraining the 1st Defendant by himself or his privies, servants or otherwise howsoever from parading himself as the 2nd Defendant's candidate for Udi and Ezeagu Federal Constituency and or from presenting himself to any person or authority including the 2nd and 3rd Defendants as being the 2nd Defendant's candidate for the Udi and Ezeagu Federal Constituency.
    • viii
      AN ORDER OF INJUNCTION restraining the 3rd Defendant from accepting the name of the 1st Defendant or any other person save the plaintiff as the duly selected/elected PDP candidate for Udi and Ezeagu Federal Constituency for the purpose of election of Member of the Federal House of Representatives in the forthcoming 2015 General Election.
    • ix
      And for such further and or other orders as the Honourable Court may deem fit to make in the circumstances.

    Ex Facie, reliefs V - IX are merely consequential upon the grant of the main declaratory Reliefs I - IV. And the centre of reliefs I - IV is the validity, existence and subsistence, in law, of the judgment of the Federal High Court in the suit No. FCH/ABJ/CS/816/2014.

    The trial Federal High Court (Coram: O. E. Abang, J), upon hearing the parties on the Originating Summons, entered judgment for the Appellant as the plaintiff. The main bastion of its decision was that the People’s Democratic Party (PDP) Appeal Panel had, in Exhibit 12, affirmed that the Appellant, as the plaintiff, duly "won the only primary election conducted by the People’s Democratic Party in Udi/Ezeagu Federal Constituency on 6th December, 2014".

    Issues

    Whether the Court of Appeal was correct when it held that the decision of...

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