ADIGHIBE V. APC & ORS

CORAM

JUMMAI HANNATU SANKEY JUSTICE COURT OF APPEAL

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JUSTICXE COURT OF APPEAL

ADEMOLA SAMUEL BOLA JUSTICE COURT OF APPEAL

PARTIES

MR. KENNETH ADIGHIBE

APPELLANTS

1. ALL PROGRESSIVES CONGRESS

2. SENATOR ABDULLAHI ADAMU (CHAIRMAN, ALL PROGRESSIVES CONGRESS)

3. UGONNA IROAKAZI 4. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

RESPONDENTS

AREA(S) OF LAW

APPEAL, CONSTITUTIONAL LAW, ELECTION PETITION, EVIDENCE, PRACTICE AND PROCEDURE

SUMMARY OF FACTS

The 3rd Respondent, who was the Plaintiff at the lower Court, avers that he was the candidate of the 1st Respondent for the Umuahia Central State Constituency in Abia State, at the direct primary election of the 1st Respondent held on 26th May 2022 and duly monitored by INEC, the 4th Respondent, wherein he emerged victorious. To his utmost shock, it was the name of the Appellant that was forwarded and uploaded to the 4th Respondent’s portal on the 15th day of July, 2023, and published by the 4th Respondent on the 21st day of August, 2023.

The Appellant, however, claimed that the primary election conducted by the 1st Respondent for the Umuahia Central State Constituency in Abia State was an indirect primary election from which he emerged as the winner and his name was forwarded to the 4th Respondent. At the trial court, the Appellant along with the 1st and 2nd Respondents filed Preliminary Objections challenging the competence of the action.

The lower Court, in its judgment, ruled on the Preliminary Objections, dismissed the same and proceeded to the substantive suit, entering judgment in favour of the 1st Respondent and granting the reliefs sought by him. Aggrieved, the Appellant filed the instant appeal to this Court.

HELD

Appeal dismissed

ISSUES

1. Whether the Appellant was denied fair hearing by the trial Court?

2. Whether the trial Court was right to enter judgment in favour of the 3rd Respondent?

RATIONES DECIDENDI

RECORD OF APPEAL – RECORD OF APPEAL SHOULD BE TRANSMITTED WITHIN 10 DAYS OF THE NOTICE OF APPEAL

Paragraph 9 of the Election Judicial Proceedings Practice Directions, 2022 provides as follows:

“The Secretary of the Tribunal or Registrar of the lower Court shall, within the period of not more than ten (10) days of the receipt of the Notice of Appeal, cause to be compiled and served on all the parties, the Record of Appeal.”

The important requirement in this Practice Direction is that the Record of Appeal should be transmitted within ten (10) days of the Notice of Appeal and which has been done in this case. – Per O. A. Adefope-Okojie, JCA

NUMBERED SUMMARY – OTHERWISE PROPER BRIEF WILL NOT BE INVALIDATED SOLELY FOR THE ABSENCE OF A NUMBERED SUMMARY

While I agree that the conclusion of the Appellants’ Brief of Arguments does not contain a numbered summary of the reasons upon which the argument is founded, the otherwise proper Brief which lucidly sets out the issues for determination and legal arguments, concluding with the reliefs sought from the Court, will not be invalidated by me, solely for the absence of a numbered summary in the concluding paragraph. – Per O. A. Adefope-Okojie, JCA