The NBA Isiokpo Branch Election scheduled to hold on Thursday June 27th, has been aborted. Relying on Originating Summon and Motion Experte accompanying it, in Suit no IHC/132/CS/2024 filed by Jude Orodo Chukwu, Esq, a Rivers High Court sitting in Isiokpo has issued an order restraining NBA Isiokpo Electoral Committee from conducting election.
Jude Orodo Chukwu, Esq., a chairmanship candidate disqualified by both the Branch’s Electoral Committee and NBA Branch Elections Appeal Committee (East), approached the court, praying;
A Declaration that the purported re-invitation by the 3rd Set of Defendants/Respondents on 9th May, 2024, with a view to rescreen Claimant/Applicant and purportedly disqualified Claimant/Applicant vide letter of disqualification dated 11th day of May, 2024 is illegal, null, void and cannot stand contrary to the extant Article 14 (1) (a) (b) (c) (i) (d), (2), (3), (4), (5) and 21 of the NBA Uniform Bye-Laws 2015 as amended in 2021 and NBA Constitution 2015 as amended in 2021 on conduct of election.
iii.A Declaration that Eric Nwanom, Esq. of the 3rd Set of Defendants/Respondents who functioned as Group Administrator of the campaign team of the 4th Set of Defendant/Respondent, an employee of the same 4th Set of Defendant/Respondent who also doubled as a Secretary and member of the 3rd Set of Defendants/Respondents, presiding over issues of disqualification or qualification of the Claimant/Applicant by dint of which the said Eric Nwanom, Esq. of the 3rd Set of Defendants/Respondents transgressed the constitutional principle of natural justice, bias and against the NBA Uniform Bye-Laws for Branches and Constitution of NBA 2015 as amended in 2021 is therefore cannot discharge his duty in that capacity without bias, partiality and exhibiting acts of favouritism in favour of 4th Set of Defendant/Respondent and thereby disqualified and incompetent to hold such sacred office.
iv.A DECLARATION that the 3rd Set of Defendants/Respondents led by the 3rd Set of Defendants/Respondents constituted on the 1st day of April, 2024, an Easter Monday, which was a Public Holiday declared by the Federal Government of Nigeria, is grossly incompetent, not being properly constituted to conduct the NBA Isiokpo Branch 2024 election, and therefore invalid, null and void and of no effect whatsoever.
v.A DECLARATION that the 3rd Set of Defendants/Respondents constitution and ratification on the 1st day of April, 2024, an Easter Monday, and anticipated further constitution and ratification of additional members on 1st May, 2024 which was a workers day (public holiday) and which never held, following the mass resignation of three members of the 3rd Set of Defendants/Respondents; Jennifer Michael, Esq., MAUREEN ANYANWU, Esq. and William Irehovbude, Esq. is grossly incompetent on the ground that the resignation/withdrawal of three of its members, Jennifer Michael, Esq., MAUREEN ANYANWU, Esq. and William Irehovbude, Esq. from the 3rd Set of Defendants/Respondents made the Committee unable to meet up with the mandatory statutory requirement of five members in accordance with the provisions of the NBA Uniform Bye-laws, and therefore rendered the 3rd Set of Defendants/Respondents invalid and incompetent to conduct the 2024 branch election the NBA Isiokpo Branch contrary to Article 9 (2) (a) (b) and 11 (1), (2) & (3) and (5) of the NBA Uniform Bye-Laws 2015 as amended in 2021.
vi.AN ORDER of this Honourable Court setting aside the disqualification of the Claimant/Applicant and qualifying him having fulfilled the requirements of the Uniform NBA Bye-laws 2015 as amended in 2021 for qualification as Chairmanship candidate at NBA, Isiokpo Branch and so found to be qualified upon the General screening of Candidates by ELECO, NBA Isiokpo Branch on 24th April, 2024 contrary to Article 3 (1), (2) & (3), 4 (1) (2) & (3) and 14 (1) (a) (b) (c) (i) (d), (2), (4), (5) & (6) of the NBA Uniform Bye-Laws 2015 as amended in 2021.
vii.AN ORDER of this Honourable setting aside the qualification of the 4th Set of Defendant/Respondent and accordingly disqualify him from contesting for the Office of the Chairman, NBA Isiokpo Branch in the forthcoming election on the ground that he was illegally and unjustly declared unopposed, when he was unqualified having commenced campaign on 30th day of April, 2024 contrary to NBA Uniform Bye-Laws ahead of lifting of ban by ELECO and by reason of his indebtedness to NBA Isiokpo Branch arising from corruption and embezzlement of the sum of N270,000.00 while acting as Chairman, NBA Isiokpo Branch 2022 Annual General Conference Committee, held at Lagos contrary to Article 14 (6) of NBA Uniform Bye-Laws 2015 as amended in 2021 and Part I Para. 17 of the NBA Isiokpo Branch Nomination Form and lied on Oath on (Part IV) of his Declaration and Attestation Form.
viii.An ORDER of this Honourable Court dissolving the present 3rd Set of Defendants/Respondents as presently constituted and directing the 1st Set of Defendants/Respondents to appoint a caretaker committee to conduct the elections to avoid bias, anarchy and in the interest of justice.
ix.AN ORDER of this Honourable Court rendering all the steps, actions, decisions, resolutions, pronouncements, notices, publications and howsoever described of the 2024 Election Committee of the NBA Isiokpo Branch in respect of the 2024 election of the Branch incompetent, invalid, null and void and of no effect whatsoever ab initio on the non-qualification/disqualification and incompetence of Eric Nwanom, Esq. the 3rd Set of Defendants/Respondents from being a member of the Election Committee ab initio, being a Group Administrator in the Campaign WhatsApp Platform of a Chairmanship Aspirant, 4th Set of Defendant/Respondent in the forthcoming 2024 NBA Isiokpo Branch Election.
x.AN ORDER of Perpetual Injunction restraining the Defendants/Respondents their servants, privies, or persons acting on their behalf jointly or severally either by themselves or through any of its Committees, particularly the 1st to 5th Set of Defendants/Respondents and any other body created by them or whatsoever name, from conducting the NBA, ISIOKPO BRANCH 2024 Executive General Elections scheduled on the 27th June, 2024, pending the hearing and determination of this suit.
xi.The sum of N5,000,000.00 being damages and inconvenience suffered in consequences of the Defendants/Respondents jointly and severally unlawful disqualification with the vested right of Claimant/Applicant.
xii.AND FOR SUCH FURTHER order or order(s) as this Honourable Court may deem fit to make in the circumstances of this case.
DECISION OF NBA BRANCH ELECTIONS APPEAL COMMITTEE (EAST) ON JUDE OBODO CHUKWU, ESQ.
The appeal committee found as a fact that Jude Obodo Chukwu did not submit his BPF receipts with his form and even during his screening to the Election Committee. We made this finding following the whatsapp conversation that the petitioner attached to his appeal, where one of the members was asking for input from the other members as to what they will do following the Failure of the said petitioner to submit his BPF Receipts on his 1st screening.
This evidence, submitted by the appellant himself is evidence on that fact. It is therefore not true that the Election Committee removed his receipts.
The Court of Appeal, in the case of ONWUSULU v. ZAMBWA (2018) LPELR-46056(CA) which deals with admission against interest and the effect where a party makes an admission against his interest, held Per SAIDU TANKO HUSSAINI ,J.C.A ( Pp. 25-26, paras. A-D ) inter alia: “….In this case, the respondent did not only admit those facts but the admission he made was against his own interest and this is admissible evidence against him as evidence of the fact that the appellant did not only supply building materials to him (respondent) which he collected but that there are still some outstanding payments to be made.
This Court has a duty to rely and act on those admitted facts. See: Owie Vs. Ighiwi (2005) All FWLR (Pt. 248) 1762, 1769-1770.
In Odi Vs. Iyala (2004) All FWLR (Pt. 217) 570, 574, the apex Court held thus: “If a witness called by a party gives evidence against that party, the evidence will be regarded as one against interest.
Unless explanations are given which satisfy the Court that the admission should not be regarded, due weight should be given to them as such.” Furthermore, by the very existence of Exhibits A and B with Exhibits C and D, the respondent cannot seriously contend that there was/is no agreement or contractual relationship between him and the appellant for the supply of building materials to the former.”
We found also that the petitioner did not also submit complete BPF receipts of his two nominators for 2022, 2023 and 2024. We hold that the petitioner did not submit his BPF receipts with his form or even during screening. He neither submitted it too when he was reinvited by the Election Committee.
This is confirmed by the Record of the proceedings of 8th of May (which he attended with his lawyer) attached as exhibits by the Election Committee, wherein the Election Committee Chairman kept asking him to confirm that he had told them on the day of screening that the reciepts were in his car. Rather than the petitioner to confirm the submission or otherwise, he kept insisting that Election Committee invited him to disqualify him. He never answered that question.
Further, from those records/ voice notes, it was also evident that the petitioner was evading service of his disqualification letter, which was why he was served in court by one of the Election Committee members.
We also found, as alleged by the Election Committee, that there are irregularities in the NBA receipts submitted by the nominators of the petitioner through the petitioner’s appeal. The receipts of Nnah Edmund had the same signature for 2022, 2023 and 2024, even when the branch had a different Financial Secretary in 2022, as shown in the receipts submitted by the petitioner himself for 2022 and other petitioners/Appellants. Also some of the receipts sent as exhibits for Wali Ordu, Esq. by the petitioner are illegible. Following the painstaking review of this appeal and all the gamut of exhibits attached by both parties, we find that Jude Obodo Chukwu never submitted his BPF RECEIPTS to the Election Committee.
The nominators of the said petitioner did not also submit their complete BPF receipts and also some receipts from the branch.
We also found from evidence on record that Jude Obodo Chukwu made threat calls to the members of the Election Committee as borne out from various voice notes recording proceedings, phone calls, and interactions between the petitioner and the Election Committee.
In the final analyses, we resolve that Jude Obodo Chukwu stands disqualified for failure to submit his BPF receipts to the Election Committee, failure of his 2 nominators to submit complete BPF receipts as already outlined above, contrary to Article 14 (1) of the NBA UNIFORM BYELAW FOR BRANCHES.
