ONUOHA V. OKAFOR & ORS.

• Pages: 494-511

ONUOHA V. OKAFOR & ORS

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494

ONUOHA V. OKAFOR & ORS

5

HON. PATRICK C. ONUOHA

APPELLANT

V

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1.

CHIEF R.B.K. OKAFOR

CHAIRMAN N.P.P. NOMINATION

ELECTORAL PETITION PANEL

RESPONDENTS

2.

THE NIGERIAN PEOPLE'S PARTY

3.

CHIEF HON. ISIDORE OBASI

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SUIT NO. SC 59/1983

SUPREME COURT OF NIGERIA

IRIKEFE,



J.S.C.

BELLO,



J.S.C.

OBASEKI,



J.S.C.

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

ESO,



J.S.C.

ANIAGOLU,



J.S.C.

NNAMANI,



J.S.C.

UWAIS,



J.S.C.

14th October, 1983

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Election Petition- Nomination of Senatorial Candidate - Election of plaintiff for

party sponsorship nullified by party's review panel and rival contestant chosen

instead - Action by plaintiff to declare panel's decision null and void and to

restrain party from presenting any candidate other than himself to Federal

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Electoral Commission - Nomination or sponsorship of candidate of a political

matter safely within party's discretion - Plaintiff's claim wrongly entertained

by High Court.

ISSUE:

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1. Whether a court of law ought to make an order directing a political party as to

which of two persons it ought to sponsor for an elective office.

FACTS:

The appellant brought an action to compel his political party - N.P.P. to nomi-

nate and sponsor him for election to a senatorial seat. The action was instituted

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in the High Court, which held in favour of the plaintiff. The respondents appealed

against the decision to the Federal Court of Appeal, contending that a court of law

ought not to entertain an action to determine whom a political party should or

should not sponsor. The appeal was allowed, and the action was dismissed.

Whereupon, the plaintiff appealed to the Supreme Court.

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HELD:

The High Court has no jurisdiction to entertain the matter. Nomination or spon-

sorship of a candidate for election is a political matter solely within the discretion

of the party. The appellants claim should not have been entertained by the High

Court.

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CASES REFERRED TO IN JUDGMENT.

1.

Young v. Ladies Imperial Club Ltd.

(1929) 1 Q.B. 81.

2.

Foley v. Classique Coaches Ltd.

3.

Barraclough v. Brown

(1897) A.C. 615-619 at 623.

495

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NIGERIAN SUPREME COURT CASES

[1983] N.S.C.C.

4.

Lee v. The Showmans Guild of Great Britain

(1952) 2.Q.B. 329.

5.

Institution of Mechanical Engineers v. Cane

(1961) A.C. 696 at 724.

6.

Jackson v. Turnley

(1853) 1 D.R. 617.

7.

Rooke v. Lord Kensington

(1856) 2 K. & J 753.

8.

Joint Anti-Facist Refugee Committee v. McGrath

341, U.S. 123, 71 SCt. 624,

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5

95 L.Ed 2nd 817.

9.

Powell v. McCormack

395 U.S. 486, 89 SCt. 1944 L.Ed 2nd 491.

10.Flast v. Cohen

392 U.S. 83, S.C. 1942 20 L.Ed. 2nd 947.

11.

The Divina Pastora

4 Wheat 52, 4 L.Ed. 512.

12.

Baker v. Carr

369 U.S. 186, 82 S.C. 691, DL.Ed. 2nd 663.

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13.Ewerami v. A.C.B. Ltd.

(1978) 4 S.C. 99.

14.Hanson v. Ratcliffe U.D.C.

(1922) Ch. 49.

15.

Francis v. Municipal Councillors of Kuala Lumpur

(1962) 3 All E.R. 633.

M.I. Ahamba, Esq., E.E. Ewugwe, Esq., D.C. Iloghalu. Esq.

For Appellants

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Chief F.R.A. Williams S.A.N., T.E. Williams, Esq.

For Respondents

OBASEKI, J.S.C..

(Delivering the Judgment of the Court): At the conclusion of

the addresses of counsel (for the parties) to this Court in this appeal on the 15th

day of August, 1983,

I

dismissed the plaintiff/appellant's appeal and I deferred my

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reasons till today. I now give my reasons.

Proceedings in this matter were commenced by the plaintiff in the High Court

of Justice of Imo State at Owerri by a writ of summons bearing an endorsement

of claim which reads as follows:

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"The plaintiff claims against the defendants jointly as follows:

1.

A declaration that the decision of the Nigerian Peoples' Party Nomination

Elections Petition panel on Tuesday 19th April, 1983 nullifying the nomina-

tion election for the Owerri Senatorial Nigerian Peoples' Party candidature

of 21st March, 1983 is null and void being contrary to natural justice, equity

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and good conscience.

2.

A declaration that the nomination election results announced by the presi-

ding officer for the nomination election for the Owerri Senatorial District

N.P.P. candidature on March, 21 1983 is valid and subsisting as being in

accordance with the guidelines for the said election.

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3.

An injunction restraining the Nigerian Peoples' Party from submitting the

name of Hon. Isidore Obasi or any name other than that of Hon. P.C.

Onuoha to the Federal Electoral Commission as the N.P.P. candidate for

Owerri Senatorial District seat in the 1983 general elections."

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Claim 2 was on the 11th day of May, 1983 withdrawn with the leave of the

court. No order striking out the claim was made by the court. With the withdra-

wal of claim 2 which is for a declaratory judgment that the nomination election

result of 21st March, 1983 which was in favour of plaintiff's candidature is valid

and existing, the plaintiff was left with claim 1 and claim 3. Claim 1 which is for

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a declaratory judgment nullifying the decision of the election petition panel which

set aside the nomination of the plaintiff to contest the senatorial seat on the spon-

sorship of the N.P.P. and claim 3 which is for injunction to restrain the N.P.P. from

submitting the name of Hon. Isidore Obasi the 3rd defendant or any name other

than that of the plaintiff/appellant to the Federal Electoral Commission as the N.P.P.

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candidate for Owerri senatorial district in the 1983 general election have one

singular aim in view. The claims are, in my view, aimed at getting the N.P.P. to

sponsor the, appellant for the election to the Senate.