CORAM

PARTIES

DR. SAMPSON UCHECHUKWU OGAHDR. SAMPSON UCHECHUKWU OGAHSIR FRIDAY NWANOZIE NWOSU APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant and the 1st Respondent contested the primary election for the office of the Governor of Abia State, under the platform of the 2nd Respondent Peoples Democratic Party (PDP) which was held on the 8th day of December 2014.The primary election saw the 1st Respondent as the winner while the Appellant as the first runner up of the primary election. The second Respondent sponsored the 1st Respondent as its candidate in the 2015 Abia State Gubernatorial Election. Aggrieved by the emergence of the 1st Respondent as 2nd Respondent’s flag bearer for the Abia State governorship seat, the Appellant as Plaintiff commenced an action by an originating summons at the Federal High Court sitting at Umuahia, but the case was transferred to Abuja and was renumbered against the 1st,2nd and 3rd Respondents. The Plaintiff/Appellant sought declaratory and injunctive orders to disqualify the 1st Respondent from being the 2nd Respondent’s flag bearer at the said election on grounds that the 1st Respondent’s nomination as the party’s flag bearer without lawful personal income tax certificate or lawful exemption from the payment of the tax constitutes a breach of Article 14(a) in part IV of the 2nd Respondent’s Electoral Guidelines and Constitution and that the false information supplied by the 1st Respondent regarding his Personal Income Tax in INEC form CF001 vitiates his candidature in the Gubernatorial election.    The Respondents opposed the Appellant claim and filed notices of preliminary objections challenging the competence of the originating summons on grounds that it was inappropriate to resort to the originating summons procedure given the hostility of the facts on which the claim is to be determined. The trial court overruled all the objections raised by the Respondents and granted the claim of the Appellant. Dissatisfied with the trial court’s decision the 2nd Defendant/ 1st Respondent appealed to the Court of Appeal  which allowed the appeal and set aside the trial court’s decision. Aggrieved by the lower court’s decision the Plaintiff has appealed against same before this court.

HELD

Appeals Dismissed.

ISSUES

?    Whether the Justices of the Court of Appeal were right when they held that the Appellant’s suit was wrongly initiated vide Originating Summons having regards to facts and circumstance of the case.?    Whether the learned Justices of the Court of Appeal were right in their finding that the requirements of Section 31(2) vis-a-vis Section 31(5) & Section 31(6) of the Electoral Act, 2010 (as amended) must be considered within the narrow prism of Section 177 and 182 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).?    Whether the learned Justices of the Court of Appeal were right in holding that the Appellant did not discharge the burden of proof placed on the Appellant in a suit brought pursuant to section 31 of the Electoral Act 2010 (as amended) and that the burden of proof by section 31(5) of the Electoral Act 2010 (as amended) is on the Appellant and thereby refused to follow the decision of this Court in Ekeagbara vs. Ikpeazu (2016) 4 NWLR (PT. 1503) 411 on the burden of proof in a suit brought pursuant to section 31 (5) of the Electoral Act 2010 (as amended).?    Whether the learned Justices of the Court of Appeal were right in their finding on the tax receipts attached to the 1st Respondent’s affidavit in INEC Form CF001 having regards to the facts and circumstance of the case.?    Whether the learned Justices of the Court of Appeal were right in their findings that the 1st Respondent did not give false information in INEC Form CF001 and not liable to be so disqualified and setting aside the Appellant reliefs and the consequential relifs having regards to the facts and circumstances of this case.?    Whether the learned Justices of the Court of Appeal were right in setting aside the consequential Reliefs and Orders granted by the trial Judge having regards to the facts and circumstances of this case.

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of Federal Republic of Nigeria 1999 (as amended)Electoral Act 2010 (as amended)Evidence Act 2011

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