Read synopsis of judgment and download all relevant documents below.
In its judgment on Friday, the Supreme Court set aside the decision of the Court of Appeal, Abuja Division, delivered on February 6, 2015 and restored the order/judgement of Justice E.S. Chukwu of Federal High Court.
It resolved the five issues in favour of the appellants and held that there is merit in the appeal.
The judgement of E.S. Chukwu Justice delivered on December 5, 2014 ruled:
1. — That it is hereby ordered that the purported caretaker committee/ ad hoc committee is illegal, null and void.
2. — That any delegate list or nominated candidate that emanated from the congress/ primaries conducted by the caretaker committee or ad hoc committee is illegal, invalid, unconstitutional, abuse of court process, null and void and cannot be used for any purpose.
3. — That 1st defendant (PDP) are hereby restrained from forwarding, sending or submitting to 2nd defendant (INEC) any delegates list or nominated candidates that emerge from congress or primaries conducted by the caretaker or ad hoc committee.
4. — That 2nd defendant (INEC) is restrained from accepting or receiving any delegate list or nominated candidate that may emerge from congress/primaries conducted by the caretaker committee except those that emanate from the plaintiffs.
5. — That PDP was in flagrant disobedience and contempt of the order of this court made on 10th day of October 2014 and reaffirmed on the 24th of October 2014.
Based on this order of Justice Chukwu, the only valid primaries held in Anambra on 6th & 7th December 2014 was monitored by INEC and issued the only report on the primaries of PDP in Anambra.
The names of the successful candidates of PDP was subsequently uploaded by INEC and tagged “COURT ORDER” at the close of nomination.
The respondents (then appellants) appealed to the Court of Appeal Abuja division challenging the judgement of the Federal High Court.
On February, 6, 2015 the Court of Appeal set aside the Federal High Court judgement.
Based on the Court of Appeal judgment, INEC went removed the list of candidates already uploaded and replaced it with the list containing Andy Uba, Stella Oduah, and others.
Note that there was no order for this in both the Court of Appeal judgement or from any court in this land. It was a unilateral action by INEC.
The appellants (then respondents) approached the Supreme Court which on Friday set aside the decision of the Court of Appeal in Appeal No. SC 37/2015.
1. No order was made to remove the names earlier uploaded.
2. The Court of Appeal did not issue any consequential order yet the names were removed.
3. The only reason for the removal according to INEC was that Court of Appeal set aside the Federal High Court Order.
4. On Friday, the Supreme Court has set aside the Court of Appeal Order, so lawyers to the appellants are asking that the names should be restored and certificate of Return issued to winners.