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CaseLaw

PDP V. Onwe (2011) CLR 1(L) (SC)

Judgement delivered on January 28th 2011

Brief

  • S.285(1)(a) 1999 Constitution
  • Pre election matters

Facts

This appeal is identical with appeal No. SC. 282/2010 which I have earlier disposed of. The parties are the same and the cause of action also the same. The only different is that, the Appellant herein the Peoples Democratic Party (PDP) is the 4th Respondent in SC. 2827 2010, while the 2nd Respondent herein, SENATOR JULIUS ALI UCHA, was the Appellant in SC. 282/2010. The cause of action was the PDP's nomination exercise in December, 2006 for the choice of its flag bearer representing Ebonyi Central Senatorial District for the 21st of April, 2007 elections.

The case of the Petitioner, DR. EMMANUEL ONWE, who was the 1st Appellant at the Court below and the 1st Respondent herein was that he was the duly nominated candidate of the Appellant (Peoples Democratic Party) representing Ebonyi Central Senatorial District at the party's primary election held on the 2nd of December, 2006. And that he was by that fact of his nomination presumed in law to be the candidate that contested the election of the 21st April, 2007 under the PDF and that he should be declared the Senator representing the Ebonyi Central Senatorial District in the Senate and not the 2nd Respondent, Senator Julius Ali Ucha.

The case of the Appellant, on the other hand, was that the 2nd of December, 2006 primaries of its flag bearer for the Ebonyi Central Senatorial District was inconclusive as it was marred by violence, insecurity and thuggery which was therefore cancelled. That in the re-scheduled primaries held on the 14th of December, 2006, the 2nd Respondent was nominated by a consensus vote of 604. In paragraphs 1 and 2 of its reply to the petition, the Appellant raised the issue of the 1st Respondent's lack of locus standi to bring this petition and the Tribunal's lack of jurisdiction to entertain same.

Earlier, on the 13th of June, 2007, the Appellant as 4th Respondent filed an application for an order striking out the petition on the following grounds:-

  • 1
    That the Tribunal lacks the jurisdiction to entertain the petition in that the subject matter cause of action therein are matters or events preceding the election of the 21st April, 2007 and as well an intra party affair;
  • 2
    The said petition is incompetent in that the petitioner has no locus standi to present the petition"

    • This application was however refused and the petition was tried on the merit. In its judgment on the 13th of September, 2007, the Tribunal dismissed the petition. Surprisingly, it was dismissed on the very ground of the Tribunal's lack of jurisdiction, the cause of action being a pre-election matter.

    The Petitioner proceeded on appeal to the Court below against the judgment of the Tribunal. In its judgment on the 16th of July, 2010, the appeal was allowed with the following orders:-

    • 1
      This appeal is allowed.
    • 2
      The result, election and return of the 1st Respondent - Senator Julius Ali Ucha for the Ebonyi Central Senatorial Election conducted on the 21st April, 2007 are hereby nullified.
    • 3
      The Appellant - Dr. Emmanuel Onwe is hereby declared as the winner of the Ebonyi Central Senatorial Election."

      • The 4th Respondent (PDF) has now come on appeal against the judgment of the Court of Appeal.

Issues

Whether having regard to the provisions of Section 285 (1) (a) of the 1999...

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