SULLIVAN IHEANACHO CHIME & ANOR V. ENGINEER ANAYO B. ONWUEGBU & ORS.
(2013) JELR 35747 (SC)
Supreme Court
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SC.388/2012
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19 Jul 2013
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Nigeria
Coram
WALTER SAMUEL NKANU ONNOGHEN JSC;
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;
JOHN AFOLABI FABIYI JSC;
BODE RHODES - VIVOUR JSC;
KUMAI BAYANG AKA'AHS JSC;
Appearances
Chief (Mrs.) A. J. Offiah SAN leading Nduka Ikeyi, Tochukwu Maduka and Ifeanyi Ezeah For Appellant
Dr. Alex Iziyon SAN leading F. O. Izinyon, L. O. Fagbemi and C. V. Adah (Miss) for the 1st and 2nd Respondent.Chief A. O. Ajana with O. Akuyibo for 3rd Respondent.Tobechukuu Nweke for 4th Respondent. For Respondent
Judgement
<p><strong>KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Lead Ruling):</strong> Following the conduct of the primaries by the 3rd Respondent to elect its candidates for the elective offices/positions for the 2011 General election which was held in Enugu, the Applicants emerged as the Governorship and Deputy Governorship candidates respectively of the 3rd Respondent. The 1st and 2nd Respondents together with 37 others who were also members of the Peoples Democratic Party felt aggrieved and took out a Writ of Summons against the 3rd and 4th respondents in the Federal High Court Abuja in Suit No.FHC/ABJ/CS/97/2011: ENGR ANAYO ONWUEGBU and 38 ORS v. PDP and ANOR. They claimed that they (namely 1st-35th Plaintiffs; were the persons entitled to have their names submitted by the 3rd Respondent to the 4th Respondent as the duly elected candidates to be sponsored by the 3rd Respondent for the various elective positions in the April, 2011 General Elections because they were the people who stood for the primary elecโฆ</p>