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CaseLaw

Olugbemi V. Lawrence (2016) CLR 4(a) (SC)

Judgement delivered on April 28th 2017

Brief

  • Electoral Matters
  • Jurisdiction
  • Pre election matters
  • Section 87(9) of the Electoral Act, 2010 (as amended)
  • Jurisdiction of State and Federal high court
  • Section 251(1) (r) of the 1999 Constitution
  • Section 251(1) (s) of the 1999 Constitution
  • Section 251 of the Constitution
  • Section 251 (4) of the 1999 Constitution
  • Section 251 of the 1999 Constitution
  • Section 156 of the said Electoral Act.
  • Section 31 of the Electoral Act, 2010
  • Section 31 (5) of the Electoral Act, 2010.
  • Section 31 (6) of the Electoral Act, 2010
  • Section 4 of the 1999 Constitution as amended
  • Declaration of title to land

Facts

This is an appeal against the judgment of the Court of Appeal Ibadan Division or Court below or Lower Court, Coram: Monica B. Dongban-Mensem, Modupe Fasanmi, Chinwe Eugenia Iyizoba JCA with Fasanmi JCA delivering the lead judgment on the 28th day of October, 2016.

The appellant being dissatisfied with the said judgment filed an appeal to this Court vide his Notice of Appeal of two grounds.

FACTS BRIEFLY STATED: The 1st respondent filed an action before the Federal High Court, Ibadan on the 24th day of October, 2014 wherein he sought two declaratory reliefs and five ancillary orders. The pleadings and claims of the 1st respondent as plaintiff are as contained in the Writ of Summons and Statement of Claims in the said pleadings to throw light into what are at stake, thus:

  • i
    A DECLARATION that the plaintiff is the duly elected flag bearer of the 2nd defendant for February, 2015 general elections into the House of Representatives to represent Oluyole Federal Constituency Ibadan, Oyo State having polled the majority of lawful votes cast at the primary election conducted by the 2nd defendant on the 7th day of December, 2014, and was so declared the winner.
  • ii
    A DECLARATION that the nomination of the 1st defendant as the 2nd defendant's candidate or flag bearer for the February, 2015 general elections for the seat of the member of House of Representative to represent Oluyole Federal Constituency is ultra-vires, null and void.
  • iii
    AN ORDER directing the 2nd and 3rd defendants to forthwith accord the plaintiff his due recognition as their flag bearer for February 2015 general election into the House Representatives to represent Oluyole Federal Constituency, Ibadan.
  • iv
    AN ORDER of perpetual injunction restraining the 2nd and 3rd defendants from recognizing, acting or doing anything in recognition of the nomination and selection of the 1st defendant as the 2nd defendants candidate for the forthcoming February, 2015 elections into the House of Representatives to represent Oluyole Federal Constituency, Ibadan, Oyo State.
  • v
    AN ORDER nullifying the purported nomination of the 1st defendant by the 2nd defendant as its flag bearer to contest for the seat of the House of Representatives to represent Oluyole Federal Constituency Ibadan in the forthcoming general election scheduled to hold in February, 2015.
  • vi
    AN ORDER directing the 4th defendant not to recognise or accord any recognition to the name of SUMBO OLUGBEMI or any person other than the name of Hon. OLUJIDE ADEWALE LAWRENCE as the 2nd defendant candidate for the House of Representatives to represent Oluyole Federal Constituency Ibadan, Oyo State.
  • vii
    AN ORDER of this Honourable Court nullifying the nomination and election of the 1st defendant into the Oluyole Federal Constituency Legislative Seat, Ibadan, Oyo State of the House of Representatives.
  • viii
    AN ORDER declaring the Claimant as the lawful Candidate of the 2nd defendant at the general election held on the 28th day of March, 2015 for Oluyole Federal Constituency Legislative seat (Oyo State) of the House of Representatives, National Assembly of the Federal Republic of Nigeria.
  • ix
    AN ORDER declaring the Claimant as the lawful Candidate of the 2nd defendant at the general election held on the 28th day of March, 2015 for Oluyole Federal Constituency Legislative seat (Oyo State) of the House of Representatives, National Assembly of the Federal Republic of Nigeria.
  • x
    AN ORDER directing the 4th defendant to immediately withdraw the certificate of return it issued to the 1st defendant as the candidate of the 2nd defendant in the general election held on the 28th day of March, 2015 into the Oluyole Federal Constituency Legislative seat (Oyo State) of the House of Representatives, National Assembly of the Federal Republic of Nigeria.
  • xi
    AN ORDER declaring the Claimant as the lawful Candidate of the 2nd defendant at the general election held on the 28th day of March, 2015 for Oluyole Federal Constituency Legislative seat (Oyo State) of the House of Representatives, National Assembly of the Federal Republic of Nigeria.
  • xii
    OR IN THE ALTERNATIVE to Paragraph XI above, AN ORDER of this Honourable Court ordering the 4th respondent to conduct a fresh general election into the Oluyole, Ibadan, Oyo State, Federal Constituency Legislative Seat of the House of Representatives, Federal Republic of Nigeria.
  • xiii
    Cost of this action.

    • Subsequent to the amendment, the appellant herein filed an application to challenge the jurisdiction of the trial Court to entertain the claims of the 1st respondent vide his application dated 11th November, 2015 and filed on 12th November, 2015. The trial Court took the application and his lordship Hon. Justice N. Ayo Emmanuel dismissed the application on the 9th December, 2015.

    The appellant being dissatisfied with the decision of the trial Court appealed against the same vide his Notice of Appeal of 23rd December, 2015.

Issues

Whether the Court below was right in holding that the trial Court had jurisdiction...

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