n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Adegbola V. Osiyi (2017) CLR 6(c)(SC)

Judgement delivered on June 2nd, 2017

Brief

  • Notice of appeal
  • Jurisdiction
  • Court processes
  • Affidavit of service
  • Court processes
  • Service of Processes
  • Section 36(1) of the 1999 Constitution
  • Section 36(2) of the 1999 Constitution
  • Section 108 of the Evidence Act 2011
  • Section 109 of the Evidence Act 2011
  • Section 113 of the Evidence Act 2011
  • Section 117(4) of the Evidence Act 2011
  • Order 8 Rule2(1) of the Supreme Court Rules
  • Order 8 Rule2(6) of the Supreme Court Rules

Facts

This is an appeal against the judgment of the Court of Appeal, Abuja Division, delivered on the 4th November 2016 affirming the ruling of the Federal High Court sitting at Lokoja, dated 15th November 2015. The brief facts of the case that brought about the appeal are as herein under supplied.

The 2nd respondent's primary election for the nomination of its Ogori/Magongo Kogi State Constituency candidate in the 11th April 2015 House of Assembly General Elections, eventually held on 11th December 2014. With the victory of the 1st respondent at the primary election, the 2nd respondent forwarded his name to the 3rd respondent, the Independent National Electoral commission, as the party's candidate in respect of the Ogori/Magongo State Constituency in the forthcoming House of Assembly General Election. Aggrieved by this turn of events, the appellant, by way of an originating summons at the Lokoja Division of the Federal High Court, challenged the nomination of the 1st respondent as the 2nd respondent's candidate at House of Assembly election in respect of the Ogori/Magongo State Constituency.

In addition to contesting appellant's claim, the 1st respondent by way of preliminary objection challenged the competence of the suit. In its ruling of 19th November 2015, the trial Court sustained the objection and struck out the suit for want of jurisdiction. Dissatisfied, the appellant appealed against the ruling at the Court of Appeal, Abuja Division, hereinafter referred to as the Court below. In a considered judgment delivered on 4th November 2016, the Court sustained the trial Court's decision and dismissed appellant's appeal. The appellant has now appealed against the judgment of the Court of Appeal upon his notice filed on 17th November 2016.

Read More