CORAM

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Cordelia Ifeoma Jombo-Ofo Justice of the Court of Appeal

Ademola Samuel Bola Justice of the Court of Appeal

Kenneth Ikechukwu Amadi Justice of the Court of Appeal

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PARTIES

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COSMOS ODION IRABOR

APPELLANTS 

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1. NATIONAL RESCUE MOVEMENT (NRM)

2. DR. DENNIS OSAHON AIKORIOGIE

3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

RESPONDENTS 

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AREA(S) OF LAW

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ELECTORAL LAW, CONSTITUTIONAL LAW, POLITICAL PARTY ADMINISTRATION, CIVIL PROCEDURE, EVIDENCE LAW, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The case arose from an appeal against the judgment of the Federal High Court sitting in Abuja delivered on July 19, 2024, by Hon. Justice Emeka Nwite. The Appellant, who was an aspirant at the primary election of the National Rescue Movement (1st Respondent) held on February 24, 2024, challenged the nomination of the second Respondent as the party’s candidate for the Edo State Gubernatorial Election.

The Appellant claimed he was the only aspirant who purchased the Expression of Interest and Nomination Form for the Primary, and that he was endorsed as the consensus candidate at a primary election conducted by the National Executive Committee presided over by Ambassador Isaac Chigozie Udeh, the National Chairman, and monitored by INEC officers.

However, the 2nd Respondent began parading himself as the party’s candidate from a different primary allegedly conducted by non-National Executive Committee members. The 1st Respondent contended in their Counter-Affidavit that the 2nd Respondent was nominated as its consensus candidate following the Appellant’s withdrawal from the primary election. The trial court found in favor of the Respondents, leading to this appeal.

 

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HELD

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1. The appeal was dismissed for lacking merit.

2. The Court affirmed the judgment of the Federal High Court.

3. The Court held that the trial court was correct in finding that the 2nd Respondent was validly nominated as a consensus candidate following the Appellant’s withdrawal.

4. The Court found no evidence to support the allegation that the primary was conducted by non-executive committee members.

 

 

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ISSUES

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1. Whether the learned trial judge was right when he held that the 2nd Respondent emerged as the consensus candidate of the 1st Respondent on the ground that the Appellant withdrew from the primary ?

2. Whether the learned trial judge was right in upholding the nomination of the 2nd Respondent as the candidate of the 1st Respondent despite that the primary which produced him was allegedly conducted by a faction and not by the national executive committee ?

 

 

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RATIONES DECIDENDI

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UNCONTROVERTED EVIDENCE – EFFECT OF FAILURE TO CHALLENGE EVIDENCE

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“It is established that the Court is entitled to act on the evidence that is not controverted or challenged. It is trite law that where evidence which is admissible and relevant to the fact in issue is not successfully contradicted/challenged or controverted such evidence will be accepted as proof of the facts that it seeks to establish.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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ORIGINATING SUMMONS – STATUS OF AFFIDAVIT EVIDENCE

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 “In a suit commenced by originating summons, depositions in the affidavit of parties take the place of both pleadings and evidence.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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ADDRESS OF COUNSEL – LIMITATION OF COUNSEL’S ADDRESS

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The strenuous address of a counsel to deny and contradict that deposition is too late in the day. Because, no matter how brilliantly articulated the address of counsel cannot serve as substitute for either pleadings or evidence.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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BURDEN OF PROOF – PARTY ALLEGING MUST PROVE

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“The Appellant, apart from the mere assertion that the primary election was conducted by a non-executive committee did not name anybody that participated in the conduct of that primary election who was not a member of the National Executive Committee of the 1st Respondent. The trial Court was right to hold that the Appellant failed to prove that allegation.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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FAILURE TO FILE FURTHER AFFIDAVIT – EFFECT OF NON-DENIAL

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“The Appellant did not deny this heavy deposition or counter it in any further affidavit or in any manner or form.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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CONSENSUS CANDIDACY – EFFECT OF WITHDRAWAL

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“Therefore, the lower Court was on solid ground when it found and held that the 2nd Respondent was nominated as a consensus candidate of the 1st Respondent. The Appellant having withdrawn from the race.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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PRIMARY ELECTION – PROOF OF IRREGULARITY

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 “The National Chairman of the party Ambassador Isaac Chigozie Udeh deposed to the counter-affidavit in this matter. He stated that the primary election was conducted by the National Executive Committee of the 1st Respondent and presided over, by himself, that the 3rd Respondent, that is INEC sent 2 Representatives to wit; Messrs Aisha Abubakar and Mercy Omdregie who monitored the election.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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CONDUCT OF PRIMARY ELECTION – AUTHORITY OF NATIONAL CHAIRMAN

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“The National Chairman of the party Ambassador Isaac Chigozie Udeh deposed to the counter-affidavit in this matter. He stated that the primary election was conducted by the National Executive Committee of the 1st Respondent and presided over, by himself.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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DECLARATORY RELIEFS – BURDEN OF PROOF

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 “That the law is long settled, beyond citing of authorities, that a Court would not make declarations or grant declarative reliefs unless such reliefs have been proved by evidence by the party seeking such reliefs, regardless of whether or not the party on the other side filed evidence.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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PARALLEL PRIMARIES – DETERMINATION OF VALIDITY

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“That in the event of claim of factional primaries, that the primary election of 24th February, 2024 conducted by NEC of the party led by the lawful National Chairman Ambassador Isaac Chigozie Udeh, as the head of the NWC, wherein the 2nd Respondent was nominated, is the valid primary election of the party.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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WITHDRAWAL FROM PRIMARY – EFFECT ON CONSENSUS

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“The 1st Respondent in paragraph 4(C) of the Counter-Affidavit deposed to the fact that the Appellant withdraw from the primary election that ‘….owing to the withdrawal of the plaintiff from the said election which made the 2nd defendant the only Aspirant left on the ballot, he was endorsed as the consensus candidate of the 1st Defendant….” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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PROOF OF PARTY LEADERSHIP – EFFECT OF AFFIDAVIT EVIDENCE

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“Ambassador Isaac Chigozie Udeh having been affirmed vide Exhibit A as the authentic National Chairman of the 1st Respondent, therefore, it is the National Executive of the 1st Respondent led by himself that has the powers to conduct the Governorship primaries.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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REPLY BRIEF – SCOPE AND LIMITATION

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“The arguments contained therein are arguments in furtherance of the arguments already canvassed by the Appellant. I therefore discountenance them.” – Per KENNETH IKECHUKWU AMADI, J.C.A.

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria 1999 (as amended)

Electoral Act 2022

Constitution of the National Rescue Movement (NRM)

Independent National Electoral Commission (INEC) Regulations and Guidelines for Political Party Primaries

CLICK HERE TO READ FULL JUDGEMENT

 

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