CaseLaw
Okotie-Eboh V. Manager (2004) CLR 10(a) (SC)
Judgement delivered on December 10th 2004
Brief
Facts
The Appellant and the 1st Respondent herein together with one other who is not a party in this proceeding are members of the Peoples Democratic Party (P.D.P for short) in the Delta State South Senatorial District. As prospective candidates for the 2003 general election to the Senate, all the three contested the P.D.P primary election for the Delta State South District. At the end of the primary election, the 1st Respondent scored the highest number of votes, followed by the Appellant who emerged second. Aggrieved thereby, the Appellant addressed a petition to the P.D.P. (2nd Respondent) alleging inter alia, that the 1st Respondent was not qualified to have contested the primary election on the ground that on a previous occasion he was indicted by a Local Government Council Election Tribunal for electoral malpractice. The petition was considered by the Delta State Electoral Panel of the Party which upheld the petition, disqualified the 1st Respondent and recommended that the Appellant should be nominated as the Party's candidate for the general election. Against this recommendation, the P.D.P. (2nd Respondent) nevertheless submitted the name of the 1st Respondent to the Independent National Electoral Commission (INEC) the 3rd Respondent, herein, as its candidate for the Delta State South Senatorial District who after the general elections' emerged victorious.
Meanwhile, the Appellant as Plaintiff before the general election was conducted, had in the High Court of the Federal Capital Territory sitting in Abuja in suit No. FCT711/CV/208/2003 filed on 30th February, 2003 commenced an action by an Originating Summons against the Respondents as Defendants to challenge the nomination and eligibility of the 1st Respondent to contest the election primarily on account of the Respondent's alleged indictment by a Local Government Council Election Tribunal.
The 1st Respondent in response filed a notice of preliminary objection. The learned trial Judge upheld the notice of preliminary objection. The decision of the trial Court was affirmed by the Court of Appeal. The Appellant further appealed to the Supreme Court.