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ENGR. NELSON OSELOKA ONUBOGU V. IFEYINWA ANAZONWU & ORS. ( (2023)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Kudrat M. Olatokunbo Kekere-Ekun JSC (Presided)
  • Chima Centus Nweze JSC
  • Amina Adamu Augie JSC
  • Adamu Jauro JSC (Read the Lead Judgment)
  • Emmanuel Akomaye Agim JSC

Parties:

Appellant:

  • Engr. Nelson Oseloka Onubogu

Respondents:

  • Ifeyinwa Anazonwu
  • All Progressives Congress
  • Independent National Electoral Commission (INEC)
Suit number: SC/CV/238/2023

Background

This case involves an appeal by Engr. Nelson Oseloka Onubogu, disputing the decision of the Court of Appeal that allowed Ifeyinwa Anazonwu to remain the candidate for the All Progressives Congress (APC) for the Anambra North Senatorial District. The dispute arose from the primary election held on 28 May 2022, where Anazonwu was declared the winner amidst allegations regarding her membership status and purported false statements in her nomination.

Issues

The Supreme Court was tasked with resolving several pivotal issues:

  1. Whether the Court of Appeal properly granted Anazonwu's application for extension of time to compile and transmit the record of appeal.
  2. Whether the Court of Appeal was correct in overturning the findings of the trial court regarding Anazonwu's qualification to partake in the primary election.

Ratio Decidendi

The Supreme Court, led by Justice Adamu Jauro, upheld that:

  1. The Practice Directions for election-related appeals carry the force of law and were complied with in granting the extension to Anazonwu.
  2. The appellant bore the burden of proof regarding Anazonwu's alleged disqualification, which he failed to substantiate adequately.

Court Findings

The Supreme Court established that:

  • The registrar’s failure to compile the record of appeal in time was not the fault of Anazonwu, and her actions to compile it herself were deemed reasonable.
  • Absence of conclusive evidence to prove that the 1st respondent was not a member of the APC significantly weakened the appellant's claims.
  • Furthermore, constitutional compliance regarding membership status indeed fell within the internal affairs of the APC and was thus generally non-justiciable unless affecting qualifications as per the Electoral Act.

Conclusion

The Supreme Court dismissed Onubogu’s appeal, affirming the decision of the Court of Appeal that Anazonwu was qualified to contest in the primary election and appropriately declared as the candidate for the APC.

Significance

This ruling underscores the importance of meticulous adherence to party rules during electoral nominations, reaffirms the necessity for clear evidence to substantiate claims of disqualification due to false information, and illustrates the complications surrounding the justiciability of political party membership in electoral disputes.

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