CHIEF IKECHI EMENIKE v. PEOPLES DEMOCRATIC PARTY & ORS.

CORAM

JOSEPH E. EKANEM    JUSTCE COURT OF APPEAL

PARTIES

CHIEF IKECHI EMENIKE APPELLANTS

1. PEOPLES DEMOCRATIC PARTY

2. DR. BELLO HALIRU MOHAMMED(Acting National Chairman, Peoples Democratic Party)

3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

4. GOVERNOR THEODORE ORJI

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Appellant initiated an Originating Summons against the Defendants/Respondents jointly and severally at the Federal High Court seeking a declaration that Plaintiff/Appellant had won the  Abia State Gubernatorial primary election conducted by the State Executive Committee of the 1st Defendant/Respondent  but the National Executives of the 1st Defendant/Respondent conducted another gubernatorial primary election for Abia State (which the Plaintiff/Appellant did not participate therein) and wrongly substituted or replaced the Plaintiff/Appellant with the 4thDefendant/Appellant.

The Plaintiff/Appellant further prayed the trial Court for an order of perpetual injunction restraining the Defendants from giving recognition to any other candidates other than the Plaintiff/Appellant.The trial Court dismissed the suit of the Plaintiff/Appellant.  Irked by the judgment of the trial Court, the Plaintiff/Appellant appealed to the Court of Appeal where the appeal was dismissed. Still dissatisfied with the judgment of the lower Court, the Plaintiff/Appellant appealed to the apex Court.?

HELD

Appeal dismissed

ISSUES

1.Whether the Court of Appeal was right in dismissing the Appellant’s appeal and affirming the judgment of the trial Court?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Electoral Act, 2010 (as amended)

Constitution of the Federal Republic of Nigeria, 1999

Supreme Court Rules

CLICK HERE TO READ FULL JUDGMENT