IN THE HIGH COURT OF STUDENT UNION GOVERNMENT

IN THE UNIVERSITY OF CALABAR JUDICIAL DIVISION

HOLDEN AT MALABOR

ON THURSDAY, 12TH DAY OF DECEMBER, 2024

BEFORE THEIR LORDSHIPS:

HONOURABLE JUSTICE OSEGBU FAVOUR MMESOMA – CHIEF JUDGE

(PRESIDING)

HONOURABLE JUSTICE ADINDU BLOSSOM CHIDINDU – JUDGE

HONOURABLE JUSTICE ONWE DAMIEN CHUKWUEMEKA – JUDGE

MOTION NO: MHC/E1/023/2024

BETWEEN:

CHIBUZOR JOSEPH OKONKWOR ----- APPLICANT/PETITIONER

AND

1. THE FEDERATION OF IGBO STUDENTS

ELECTORAL COMMISSION (FEC), UNICAL
2. ONYEMUWA PRECIOUS UGOCHUKWU RESPONDENTS
(CHAIRMAN FISEC)
3. EZEKWEN VICTOR AKACHUKWU
RULING

The Applicant/Petitioner greeted this Court via an Ex-parte Application dated 11th
December, 2024 accompanied by a 27 paragraphed Affidavit of Urgency and a
supporting Affidavit with a Written Address in Support. The Applicant/Petitioner
is praying the court for the following reliefs:

1. AN ORDER of this Honourable Court mandating the 2nd Respondent to

submit to the Court and to the Applicant/Petitioner all copies of electoral
materials including the list of candidates for all Offices, list of registered
voters, total number of accredited voters, total number of valid votes, total
number of rejected voters, total number of votes cast, and other electoral
materials such as votes counted for inspection and or documents used for the
said election to the Court in order to facilitate the prosecution of this suit
within 24 hours from the date of the grant of the said Order if granted in
favour of the Applicant.

2. AN ORDER of this Honourable Court restraining the 1st and 2nd Respondents
from Inaugurating the 3rd Respondent and other candidates from the said
election of 11th December, 2024 pending the determination of the Motion on
Notice.

3. AN ORDER of this Honourable Court restraining the 1st and 2nd Respondents
from taking any step further relating to or associated with the subject matter
of the substantive Suit before this Court which is the said election of 11th
December, 2024 and pending the determination of the Motion on Notice.

4. AN ORDER of this Honourable Court restraining the 3rd Respondents from

parading himself as the elected President of the Federation of Igbo Students
pending the determination of the Motion on Notice.

5. AN ORDER of this Honourable Court restraining the 1st and 2nd Respondents
from parading or addressing the 3rd Respondent as the elected President of
the Federation of Igbo Students in any occasion, memo or publication,
pending the determination of the Motion on Notice.

6. AN ORDER of this Honourable Court for accelerated hearing of the Motion

on Notice and Substantive Suit connected to this matter.

7. AND for such order or orders as this Honourable Court may deem fit to make
in the circumstance.
In the Written Address filed by the Applicant/Petitioner, they formulated a sole
issue for determination, to wit:

1. WHETHER HAVING REGARDS TO THE CIRCUMSTANCES OF THIS

CASE, THIS COURT CAN GRANT THESE ORDERS?

SUBMISSIONS OF COUNSEL TO THE APPLICANTS:

1. WHETHER HAVING REGARDS TO THE CIRCUMSTANCES OF THIS

CASE, THIS COURT CAN GRANT THESE ORDERS?

On this issue, learned Counsel for the Applicant, submitted that having regards to
the facts and circumstances of this case, this court should grant the orders of this
injunction. Counsel stated further that for the grant of an order of Interim Injunction,
it is trite and was handed down in KOTOYE v. CBN (1989) 1 NWLR (pt. 98) 419 and
OBEYA MEMORIAL HOSPITAL v. A.G FEDERATION & ANOR (1987) 7SC pt.
152 it must be shown in the affidavit of the Claimant/Applicant, that there is a
substantial question to be tried, that there is real urgency, that the Claimant
undertakes to pay damages to Defendant if the application turns out to be frivolous,
that the balance of convenience is on the Claimant’s side.

Counsel contended that from the facts deposed to in their affidavit, the elements
have been satisfied. On the first element, Counsel stated that there is a substantial
question to be tried wherein the 1st Respondent and 2nd Respondent conducted an
election that returned the 3rd Respondent as the winner. The Applicant contented
that the process was marred with so much irregularities and illegalities contrary to
the provisions of the Federation of Igbo Students Constitution 2012 and the
Respondents intend to hold a session to inaugurate the 3rd Respondent subsequently
when there are substantial Constitutional issues to be determined as regards the
validity of the said election, voting system and some Constitutional requirements
before the President can be said to be validly elected which are issues contended to
be determined in the substantial Suit before this Honourable Court.

The Applicant also submitted that constitutionally, the whole process of the conduct
of the said election on 11th December, 2024 is grossly defective.
Counsel to the Applicant finally submitted that if this application is disregarded, it
will affect the subject matter of this Suit and damages will be inadequate as
compensation.

Counsel cited ODUNUKWE V. NWOSU (2018) LPELR-44067 (CA) where the court
held that;

“where an applicant shows that there is a substantial question to be tried, and

that his application is not frivolous, the court should grant the application for an
order of interim injunction”.

Counsel further submitted that in line with the cases above, the law requires that a
substantial Suit must have been filed before the Court as the background or basis
upon which the Ex-parte should lay and that in the Instant case, a substantive Suit
has been filed for this Court to determine.

Counsel for the Applicant finally urged the Court to resolve this issue in their favour.

Decision of the Court:

For the purpose of this Ruling, this Court has adopted the issue raised by the
Applicants, thus:

WHETHER HAVING REGARDS TO THE CIRCUMSTANCES OF THIS CASE, THIS

COURT CAN GRANT THESE ORDERS?

This court cannot but agree with the Applicants that for an Interim injunction to be
granted, the conditions spelled out in KOTOYE V. CBN (1989) 1 NWLR (PT. 98) 419
and OBEYA MEMORIAL HOSPITAL V. A.G FEDERATION & ANOR (1987) 7SC
PT. 152 have to be fulfilled. They include:

1. that for an order of interim injunction to be granted, it must be shown in the

affidavit of the Claimant/Applicant, that there is a substantial question to be
tried,
2. that there is real urgency,
3. that the Claimant undertakes to pay damages to Defendant if the application
turns out to be frivolous,
4. that the balance of convenience is on the Claimant’s side

See also: IKE V. UGBOAJA (1989) 2 NWLR (PT. 103) 332

Also, as cited in the case of NIG. CEMENT CO. LTD. V. N.R.C (1992) 1 NWLR (PT.
747) the Court held:

“An application for an Interim Injunction presupposes the existence of

a main proceeding in which there is a Plaintiff and a Defendant.”

See also: ADELEKE V. LAWAL (2014) 3 NWLR (PT. 1393) 17, PARAS F-H).

In election matters like the instant case, this Court is bound to examine with all
caution applications of this nature in order to maintain justice. Hence, whereas this
Court is in receipt of the substantive Suit by the Applicant as the basis for this Interim
Application. The Court is therefore clothed to proceed on the said Application.

It is trite that the Court in granting an interim injunction must consider and indeed
agree that there is a substantial matter to be determined and that there is a
substantive suit before the court; and that failure to grant the said Exparte will lead
to irreparable damage.

From the facts deposed for in the Applicant’s affidavit, these elements have been
satisfied. On the first element, this Court holds that there is a substantial question
to be tried as the constitutionality and legality of the FIS UCC Election conducted on
the 11th December, 2024 is placed before us to judicially make pronouncement on its
legality or otherwise.

Considering the fact deposed to in the Applicant Affidavit, it will be in the

overriding interest of the public and co-existence of the parties that an interim order
be made pending the hearing of the motion on notice and additionally mandating
the 2nd Respondent to produce the electoral materials used in conducting the said
elections and all associated documents as prayed by the Applicant/Petitioner. It is
the law that where the act of the adverse party will interfere with the subject matter
in dispute, he should be restrained from dealing with the res pending the final
determination of the case. See: IDEOZU VS. OCHOMA (2006) 4 NWLR (PT.970) 364
at 370 Ratio 2 and 3
Most noteworthy, is the fact averred by the Applicant in Paragraph 17 of his
supporting Affidavit which stated thus:

17. That in our main suit we intend to challenge the said election on the following
grounds:
(i) That the said election was marred by irregularities and invalid by
reason of non-compliance with the provisions of the FIS UCC
Constitution 2012.
(ii) That the 3rd Respondent was not duly elected by the majority of the
lawful votes cast at the election.
(iii) That the Applicant/Petitioner’s Constituency were disenfranchised
during the election process.
(iv) The 1st and 2nd Respondents were appointed contrary to the
provision of the FIS UCC Constitution.
18.That as a matter of fact, the grant of this application will allow us to properly
prepare, facilitate and prosecute our case effectively.

In line with the case of KOTOYE V. CBN (1989) 1 NWLR (PT. 98) 419 and OBEYA
MEMORIAL HOSPITAL V. A.G FEDERATION & ANOR (1987) 7SC PT. 152 this
Court holds that indeed there is a substantial issue to be tried considering the
circumstances and the events of this case.

Further, this court agrees with the applicant after a close perusal of the Affidavit of
urgency that there is need to act swiftly to stop the said inauguration of the 3rd
Respondent as a matter of urgency, pending the determination of the Motion on
Notice before this Court. This is to maintain the status quo antem, reason being that
the substantive suit will become useless and the aggrieved parties will go home
remediless, as damages will not be enough compensation in matters like this.

A close perusal of the affidavit evidence before this Honourable Court reveal that
there is a subsisting action, and that the subsisting action clearly donate a legal right
capable of being protected, there was no delay in bringing this Application, that it
also raises a serious question or substantial issue to be tried; all other elements are in
favour of the Applicant and all the stated conditions are ripe for this Court to harvest
its discretionary powers in granting this Application.
Therefore, this Ex-parte Application is resolved in favour of the
Applicant/Petitioner and this application is hereby granted, the Respondents are to
be served with all processes to enter their defence in the Motion on Notice and in the
Main or Substantive Suit to determine the illegality or otherwise of the said election.
For now, this Court hereby makes the following others:

ORDERS:

1. AN ORDER of this Honourable Court mandating the 2nd Respondent

to submit to the Court and to the Applicant/Petitioner all copies of
electoral materials including the list of candidates for all Offices, list of
registered voters, total number of accredited voters, total number of
valid votes, total number of rejected voters, total number of votes cast,
and other electoral materials such as votes counted for inspection and
or documents used for the said election to the Court in order to
facilitate the prosecution of this suit within 24 hours from the date of
the grant of the said Order if granted in favour of the Applicant.

2. AN ORDER of this Honourable Court restraining the 1st and 2nd

Respondents from Inaugurating the 3rd Respondent and other
candidates from the said election of 11th December, 2024 pending the
determination of the Motion on Notice.

3. AN ORDER of this Honourable Court restraining the 1st and 2nd

Respondents from taking any step further relating to or associated
with the subject matter of the substantive Suit before this Court which
is the said election of 11th December, 2024 and pending the
determination of the Motion on Notice.

4. AN ORDER of this Honourable Court restraining the 3rd Respondents

from parading himself as the elected President of the Federation of
Igbo Students, University of Calabar Chapter, pending the
determination of the Motion on Notice.

5. AN ORDER of this Honourable Court restraining the 1st and 2nd

Respondents from parading or addressing the 3rd Respondent as the
elected President of the Federation of Igbo, University of Calabar
Chapter in any occasion, memo or publication, pending the
determination of the Motion on Notice.

6. AN ORDER of this Honourable Court for accelerated hearing of the

Motion on Notice and Substantive Suit connected to this matter.
Therefore the Respondents are to respond within 72 hours from the
date and time of the Service of the Motion on Notice and the
Substantive Suit in this matter.

Parties are to abide by the said Order.

HON. JUSTICE ADINDU BLOSSOM CHIDINDU:

I had the privilege of reading and studying the lead judgment of my learned brother
the presiding judge; I hereby align myself with him and adopt his judgment as mine
in this suit with all consequential orders.

HON. JUSTICE ONWE DAMIEN CHUKWUEMEKA:

I had the privilege of reading the lead judgment of my learned brother the presiding
judge, Hon. Justice OSEGBU FAVOUR MMESOMA; I hereby align myself with him
and adopt his judgment and Orders as mine.

SIGNED:

___________________________________
HON. CHIEF JUSTICE OSEGBU FAVOUR MMESOMA
(PRESIDING JUDGE)

______________________________________
HON. JUSTICE ADINDU BLOSSOM CHIDINDU
(JUDGE)
______________________________________
HON. JUSTICE ONWE DAMIEN CHUKWUEMEKA
(JUDGE)

JUDGEMENT DELIVERED THIS: 12TH DAY OF DECEMBER, 2024

APPEARANCES:

- O.I OGABAOR, ESQ., and NENGI ABANG, ESQ. for the APPLICANTS

Cc:

The Vice Chancellor

Dean Students Affairs, UNICAL

The Chief Security Officer, UNICAL