The Appellant herein as plaintiff at the Federal High Court Owerri took out an originating summons in which he raised three questions for determination as follows:
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1
Whether having regard to the provision of the Section 87(1) and (2) of the Electoral Act of 2010 (as amended), the 1st Defendant can appoint, impose or select the 2nd Defendant as the governorship candidate of the 1st Defendant in Imo State, when the 2nd Defendant did not participate in the Primary election for the selection of the governorship candidate of the 1st Defendant.
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2
Whether having regards to Section 87(4)b) of the Electoral Act 2010 (as amended), the 1st Defendant is not under a legal obligation to submit the name of the plaintiff who emerged winner of the primary election to the 3rd Defendant as the 1st Defendant's governorship candidate in Imo State for the 2019 general elections.
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3
Whether the 2nd Defendant who did not participate in the primary election for the selection of the 1st Defendants governorship candidate in Imo State for the 2019 general election has his name submitted to the 3rd Defendant as the 1st Defendant's governorship candidate for the said election under any circumstance or guise or whatsoever.
Thereafter, the Appellant claimed the following reliefs:
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1
A declaration that the 2nd Defendant having not participated in the primary election for the selection of governorship candidate of the 1st Defendant for the 2019 general election cannot have his name submitted to the 3rd Defendant as the 1st Defendant's governorship candidate for the said election.
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2
A declaration that any purported selection, nomination of the 2nd Defendant as the governorship candidate of the 1st Defendant for the 2019 general election is illegal, invalid, null, void and of no effect.
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3
An order of this honourable Court setting aside any purported selection or nomination of the 2nd Defendant by the 1st Defendant as its governorship candidate for the 2019 General Election.
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4
An order of this honourable Court mandating the 1st defendant to submit the name of the plaintiff as its governorship candidate for the 2019 General Election.
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5
An order of this honourable Court restraining the 3rd Defendant from accepting the name of the 2nd Defendant as the 1st Defendant's governorship candidate for the 2019 General Election for non-compliance with the Electoral Act 2010 (as amended).
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6
An order of this honourable Court restraining the 1st Defendant from submitting the 2nd Defendant's name as the governorship candidate for the 2019 General Election.
This originating summons is accompanied by an affidavit of nineteen paragraphs deposed to by Emeka Chris Ewuzie, a Director in the campaign office of the Appellant herein. Annexed to the supporting affidavit are copies of the Appellant's membership card, expression of interest form and nomination form, marked as Exhibit A, B and C respectively. Respondents filed various preliminary objection to the competence of the originating summons. These preliminary objections were overruled.
On the merit of the case, the Trial Court granted all the reliefs claimed by the Appellant, who was adjudged the winner of the 2nd Respondent's Governorship primary election which was held on the 5th and 6th October, 2018. The 2nd Respondent was aggrieved with the decision of the trial Court and it therefore appealed to the Court of Appeal, Owerri Division (the lower Court) and submitted three issues for determination of its appeal. The Appeal was heard and in a reserved and considered judgment, delivered on the 4th day of May 2019, the lower Court vacated the judgment of the trial Court on the ground that it did not meet the standard of adjudication expected in our adversarial system of adjudication.
The lower Court did not remit the case to the Federal High Court, but ordered the Chief Judge of the Federal High Court to transfer the case to another Judge to be heard and determined de novo.
The Appellant herein is dissatisfied with the decision of the lower Court. Being aggrieved he has brought this appeal.
