The Appellant commenced this action by an originating summons at the Federal High Court, Umuahia, Abia State on the 27th January 2015. He sought for the determination of the following questions:
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i
Whether the 2015 Governorship Primaries Election in Abia State conducted on the 8th of December, 2014 at Colping Centre, Umuahia under the supervision of Chief Chris Uche, the Deputy National Chairman, South of the 2nd Defendant is valid, the Notional Chairman of the 2nd Defendant having been restrained by an order of Court.
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ii
Whether the 1st Defendant is bound to recognize and publish the name of the Plaintiff who scored the highest number of votes at the 2015 Governorship Primaries Election conducted on the 8th of December, 2014 under the supervision of Chief Christ Uche, the Deputy National Chairman, South of the 2nd Defendant, the National Chairman of the 2nd Defendant having been restrained by an order of Court.
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iii
Whether the 1st Defendant has any power to recognize. and publish the name of the 3rd Defendant as the 2nd Defendant's 2015 Governorship candidate in Abia State when he neither won the Primaries election conducted on the 8th of December, 2014 or even qualified to run for any elective office under the platform of the 2nd Defendant since he is yet to regularize his membership of the 2nd Defendant.
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iv
Whether the 1st Defendant was right to have continued to deal with the 4th Defendant notwithstanding that this 2nd term in office as Chairman of the 2nd Defendant has expired by exclusion of time.
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v
Whether the 3rd Defendant having made false declaration on oath to the 1st Defendant is not disqualified from running for the office of Governor of Abia State.
Upon the consideration of the questions above, the Appellant sought from the Trial Court the following reliefs:
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i
"A declaration that the 2015 Governorship Primaries Election in Abia State conducted on the 8th of December, 2014 at Colping Centre, Umuahia in compliance with the 2nd Defendant's Constitution and Section 87(1), (4)(b) of the Electoral Act (As amended) under the supervision of Chief Chris Uche, the Deputy National Chairman, South of the 2nd Defendant, the National Chairman of the 2nd Defendant having been restrained by an order of Court, is valid.
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ii
A declaration that the Plaintiff is the validly elected 2015 Governorship Candidate of the 2nd Defendant in Abia State through Primaries conducted on the 8th of December, 2014 at the Colping Centre. Umuahia in compliance with the 2nd Defendant's Constitution and the Electoral Act (As amended) under the supervision of Chief Christ Uche, the Deputy National Chairman, South of the 2nd defendant, the National Chairman of the 2nd Defendant having been restrained by an order of Court.
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iii
A declaration that the 2nd term of four (4) years in office of the 4th Defendant as the National Chairman of the 2nd Defendant expired on the 1st of December, 2014 and ceases to be the Chairman of the 2nd Defendant from that day.
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iv
Whether A mandatory order directing the 1st Defendant to forthwith recognize and publish the name of the Plaintiff as the 2nd Defendant's valid candidate for the 2015 Governorship Election in Abia State and rectify its record accordingly having scored the highest number of lawful votes at the Primaries election in accordance with the 2nd Defendant's Constitution and the Electoral Act (As amended).
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v
Perpetual injunction restraining the 3rd Defendant from parading himself as candidate for the 2015 Governorship Election in Abia State having not regularized his membership of the 2nd Defendant and thus not eligible under the 2nd Defendant's guidelines and Constitution to run for any elective position to public office in the forthcoming 2015 general election.
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vi
A declaration that the 3rd Defendant having made false declaration on oath of his place or origin and party to the 1st Defendant, is disqualified by the provision of Section 311 (5) and (6) of the Electoral Act,2010 as amended from running for the office of Governor of Abia State under the platform of the 2nd Defendant.
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vii
AND for such other Order or Orders as the Honorable Court may deem fit to make in the circumstance."
By a notice of preliminary objection of 23/2/2015 contained at pages 161 - 163 of the Record, the 2nd and 4th Respondents disputed the jurisdiction of the trial Court in that-
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i
Reliefs (1) and (2) sought by the Plaintiff on the Originating Summons are by reason of law incompetent and the Court cannot in any event grant then.
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ii
Reliefs (3), (4) and (5) in the Originating Summons are Non-Justiciable in that they encroach on the domestic jurisdiction of the Defendant and relate to political questions well outside the jurisdiction of this Honorable Court.
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iii
The action as constituted is premature in that the Plaintiff in his Originating Summons and supporting affidavit has failed to demonstrate that prior to this suit, he had sought or exhausted the 2nd Defendant's internal dispute resolution mechanism.
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iv
The action was improperly commenced by originating summons as substantial part of the facts relied upon for the reliefs are contentions, hostile in nature or out rightly relate to a criminal offence which can only be determined beyond reasonable doubt through pleadings as decided by the Court of Appeal in African International Bank Limited &Ors. V. Femi Asaolu (2005) LPELR 11340 (CA).
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v
The Plaintiff neglected, failed or refused to pray far the invalidation of the letter INEC/LEG/PP/iii/12 dated 31st December, 2014, therefore the action is misconceived.
There were five grounds predicating the Notice of preliminary objection.
Relatedly, on the 20th February, 2015 the 3rd Defendant/Respondent also filed a notice of preliminary objection on the competence of Claimants/ Appellant's suit on the following grounds:
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i
"Lack of jurisdiction of this Honorable Court, the suit and its principal reliefs not falling within the provisions of Section 251 of the 1999 Constitution.
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vi
Lack of justiciable cause of action in that the main issues herein are questions on who is the candidate of the 2nd Defendant and who is the National Chairman of the 2nd Defendant.
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vii
Lack of locus standi.
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viii
The Non-compliance with the provisions of Order 3 Rules 1, 2, 6 and 7 of the Federal High Court (Civil Procedure) Rules 2009."
The Appellants originating Summons was heard on 7th May, 2015 and the trial Court delivered its judgment on the 27th May, 2015 and struck out the suit, having upheld the Notices of preliminary objection of the 2nd and 4th respondents as well as that of the 3rd respondent.
The summary of the reasoning of the trial Courts in striking out the appellants suit could be found at Pages 526 to 528 of the Record. The trial Court in totality said-
Dissatisfied with the Ruling/Judgment of the trial Court, the appellant filed and relied on notice of Appeal filed 13/7/2015 in the Court below. The Appellants Appeal was heard on 16th June, 2016, and on 12th July, 2016, judgment was delivered by the Court of Appeal which dismissed the appeal and affirmed the decision of the trial Court.
In reaction to the judgment, the appellant has now approached this Court.
