In the Supreme Court
On FRIDAY 21ST DAY OF JUNE, 2019
SC.451/2019
Before Their Lordships
OLABODE RHODES-VIVOUR JSC JSC
KUMAI BAYANG AKAAHS JSC JSC
KUDIRAT OLATOKUNBO MOTONMORI KEKERE-EKUN JSC JSC
AMIRU SANUSI JSC (Delivered Lead Judgment) JSC
UWANI MUSA ABBA AJI JSC JSC
Between
MR. CHIKWEN ONUOHA
And
ENGR. (MRS.) ONYEIWU UCHENNA UBAH
ALL PROGRESSIVES GRAND ALLIANCE
INDEPENDENT ELECTORAL COMMISSION (INEC)
The issue in this appeal borders on who actually won the primary election organized by the 2nd respondent on the 2nd of October, 2018. Both the appellant and the respondent claimed they won the said primary election. But upon the conclusion of the said primary election the 1st respondent was declared the winner. Along the line and in a surprising twist of event, the name of the 1st respondent who was declared winner of the primary election was missing on the list published by the 3rd respondent on the 25th of October, 2018. The 1st respondent stated that she made several efforts to persuade the 2nd respondent to rectify the act of forwarding the name of the appellant to the 3rd respondent but without success, hence she approached the trial court to seek redress. At the conclusion of the trial, the learned trial judge found the case of the 1st respondent meritorious and gave judgment in her favor. Dissatisfied with the decision of the trial court, the appellant appealed to the court below but his appeal was unsuccessful, henoe a further appeal to the Honorable Supreme Court.