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CHIEF AMEKE CHRISCATO IKECHUKWU V. HON. TONY NWOYE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2014) JELR 56522 (SC)

Supreme Court  •  SC/131/2013  •  19 Dec 2014  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC (Presided) SULEIMAN GALADIMA JSC (Read the Lead Judgment) MARY UKAEGO PETER-ODILI JSC OLUKAYODE ARIWOOLA JSC KUMAI BAYANG AKA’AHS JSC

Appearances
Arthur Obi Okafor (SAN), [with him, Mahmud Abubakar Magaji -*- (SAN), Chief Ikenna Egbuna Esq., Danjuma Ayeye Esq., Fidelis Aniukwu Esq., IfeanyiAzuamah Esq., Amina Zukogi (Miss), Prisca Ozoilesike (Miss), Kenechukwu Azie Esq., Hamidu M. Tukur Esq., Chinyere Uzuegbunam (Miss), Prince Igajah Esq., Victoria Ogbonna Esq., Ufuo Ufuo Asanwana Esq.] - for the Appellant. C. Chuma Oguejiofor Esq., - for the 1st -*- Respondent. -*- S. O. Ibrahim Esq., - -*- for the 2nd Respondent.

Judgement

GALADIMA JSC (Delivering the Lead Judgment): This appeal arose from the judgment of the Court of Appeal Enugu Division in appeal No.CA/ E/300/2012 which affirmed the decision of the Federal High Court, sitting in Awka in suit No. FHC/AWK/CS/157/2011. The said suit was an application for judicial review, by a writ of mandamus brought by the 1st respondent to compel the2nd respondent(INEC) herein to accord him the rights, privileges and all the entitlements due to a candidate of the Peoples’ Democratic Party (PDP) in the April 2011 general election for Anambra East/West Federal Constituency, on the ground that he won his party primaries and was duly nominated to fly the flag in the election. This was the pivotal relief three (3) sought by the 1st respondent in his application for judicial review. However, the salient grounds upon which the 1st respondent’s application was brought are the following:

“That the applicant had contested in the primary election conducted by the National Ex…

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