Facts
The Appellant and the 1st Respondent contested the primary election of the 2nd Respondent for the nomination of its candidate to contest for the Udi/Ezeagu Federal Constituency in the 2023 general elections. At the time the 1st Respondent purchased the Expression of Interest and Nomination Form and participated in the primary election, he was holding office as a political appointee in the capacity of Chief of Staff to the Governor of Enugu State.
The 1st Respondent won the primary election with 99 votes while the Appellant came second with 8 votes. The Appellant however took the view that the 1st Respondent was still in office as a political appointee by virtue of his holding office as the Chief of Staff to the Governor of Enugu State and did not resign his position before purchasing the Expression of Interest and Nomination Form as required by the 2nd Respondent’s Electoral Guideline. It was also her case that the 1st Respondent contravened the Electoral Act 2022 which forbids a political appointee from voting or being voted for in the convention or congress of any political party for the purpose of nomination of candidates for any election. The Appellant, thus, commenced an action at the Federal High Court wherein she raised questions for consideration, including the validity of the 1st Respondent’s participation in the primary election of the 2nd Respondent. She thereby, sought a declaration that the 1st Respondent’s participation at the 2nd Respondent’s primary election while still holding office as a political appointee is in contravention of the PDP Electoral Guidelines and Section 84(12) of the Electoral Act, 2022. She also sought a declaration that having come second at the said primary election, she is the candidate of the 2nd Respondent for the general election. She also sought Orders voiding the 1st Respondent’s nomination and directing the 3rd Respondent to delist the 1st Respondent as the 2nd Respondent’s candidate for the general election.
