Compulaw - 1st Indigenous Digital Law Library

Brief

Abuse of Court Process
Powers of court to prevent abuse
Section 6(6)(a) 1999 constitution
Section 6(6)(a) of the 1999 Constitution.
Section 7(4) of the 1999 Constitution
Section 106 of the 1999 Constitution
Section 107 of the 1999 Constitution
Section 10(1)(a) of the Osun State Electoral Law, 2002
Section 10(1)(b) of the Osun State Electoral Law, 2002
Section 10 (2) of the Osun State Electoral Law, 2002
Section 5(1) of the Osun State Electoral Law 2002.
Section 5(2) of the Osun State Electoral Law 2002.
Section 6(a) of the Osun State Electoral Law 2002.
Section 6(b) of the Osun State Electoral Law 2002.
Section 6(c) of the Osun State Electoral Law 2002.
Section 6(d) of the Osun State Electoral Law 2002.
Section 6(e) of the Osun State Electoral Law 2002.
Section 6(f) of the Osun State Electoral Law 2002.
Section 6(j) of the Osun State Electoral Law 2002.
SSection 13(1) of the Osun State Electoral Law 2002.
Section 13(2) (a) of the Osun State Electoral Law 2002.
Section 13 (2) (b) of the Osun State Electoral Law 2002.
Section 13(2) (f) (i) of the Osun State Electoral Law 2002.
Section (3) (a) of the Osun State Electoral Law 2002.

Facts

The Respondents in this appeal were the Plaintiffs at the High Court of Justice of Osun State sitting at Osogbo where they instituted an action against the Appellants in this Court who were the Defendants at the trial court by Originating Summons and sought the following declarations and reliefs:-

1
A DECLARATION that eligibility, qualifications and disqualifications of persons contesting the Local Government Councils Election in Osun State are governed by the provisions of Section 7(4), 106 and 107 of the Constitution of the Federal Republic of Nigeria, 1999.
2
A DECLARATION that the 1st Defendant, Osun State Independent Electoral Commission (OSSIEC) is incompetent to prescribe conditions for the eligibility, qualifications and disqualifications of candidates to contest Local Government Elections in Osun State outside the conditions stipulated by the Constitution of the Federal Republic of Nigeria 1999.
3
A DECLARATION that Sections 5(1) and (2), 6(a), (b), (c), (d), (e), (f), (j), 13(1), (2), (a), (b), (f), (i)(3) and (a) of the Osun State Electoral Law 2002 Law No. 5 of 2002 made as a supplement to Osun State of Nigeria Gazette No. 5 Vol. 12 of 27th December, 2002, are contrary to the provisions of Sections 7 (4), 105 and 107 of the Constitution of the Federal Republic of Nigeria 1999, which provide for eligibility, qualifications and disqualifications of persons at Election to Local Government Councils in Nigeria and are therefore unconstitutional, null, void and of no effect whatsoever.
4
A DECLARATION that Section a(1) and (2) 5(a), (c), (d), (f), (c), (h), (i) 12(1), (2) and (3) 14(1)(a), 2(a), (b), (f), (i), (3)(4) of the 'Guidelines for the Local Government Elections' issued by the Osun State Independent Electoral Commission dated 16th February, 2004 are contrary to Sections 7 (4), 106 and 107 of the Constitution of the Federal Republic of Nigeria, 1999.
5
A DECLARATION that the 'Summary of Time Table for the Local Government Election in Osun State (2004)' issued by the Osun State Independent Electoral Commission which, among other things fixed Local Government Council Election in Osun State to 27th March, 2004 are contrary to Section 10(1)(a), (b) and (2) of the Osun State Electoral Law, 2002, Law No. 5 of 2002 made supplement to Osun State of Nigeria Gazette No. 6 Vol. 12 of 27th December, 2002 and therefore null and void and of no effect whatsoever
6
AN INJUNCTION restraining the Defendants, their agents, servants, officers, privies, assigns and howsoever called from giving effect to or implementing the provisions of Sections 5(1) & (2),5(a), (b), (c), (d), (e), (f), (j), 13(1), (2), 14(1), (2)(a), (b), (f), (i), (3) and (a) of the Osun State Electoral Law, 2002 made as a supplement to Osun State of Nigeria Gazette No. 5 Vol. 12 of 27th December, 2002.
7
AN INJUNCTION restraining the 1st Defendants from conducting any election into the Local Government Councils in Osun State on the basis of Sections 5(1) and (2),6(a), (b), (c), (d), (e), (f), (j), 13(1), (2)(a), (b), (f)(i), (3) and (a) of the Osun State Electoral Law, 2002 Law No. 5 of 2002 made as a supplement to Osun State of Nigeria Gazette No. 6 Vol. 12 of 27th December, 2002.
8
AN INJUNCTION compelling the 1st Defendant, to give statutory Notice of Election as prescribed under Section 10(1)(a); (b) and (2) of the Osun State Electoral Law, 2002 Law No. 5 of 2002 made as supplement to Osun State of Nigeria Gazette No. 5 vol. 12 of 27th December, 2002.
9
AN INJUNCTION restraining the 1st Defendant from conduction any election into the Local Government Councils in Osun State on the basis of Sections 4(1) and (2) and 51(a), (c), (d), (f), (g), (h), (i), 13(i), (2) and (3) 1a(1)(a), (2)(a) (b), (f), (i) (3) and (4) of the 'Guidelines for the Local Government Elections' issued by the Osun State Independent Electoral Commission dated 15th February, 2004.
3
A DECLARATION that Sections 5(1) and (2), 6(a), (b), (c), (d), (e), (f), (j), 13(1), (2), (a), (b), (f), (i)(3) and (a) of the Osun State Electoral Law 2002 Law No. 5 of 2002 made as a supplement to Osun State of Nigeria Gazette No. 5 Vol. 12 of 27th December, 2002, are contrary to the provisions of Sections 7 (4), 105 and 107 of the Constitution of the Federal Republic of Nigeria 1999, which provide for eligibility, qualifications and disqualifications of persons at Election to Local Government Councils in Nigeria and are therefore unconstitutional, null, void and of no effect whatsoever.

After hearing the parties on the Plaintiffs action on the Originating Summons, the trial court granted all the declaratory and injunctive reliefs sought except declaratory relief 5 and injunctive relief 8 which were refused. This judgment was handed down on 16th March, 2004 in favour of the Plaintiffs against the Defendants.

Dissatisfied with the judgment of the trial court, the defendants instantly the following day 17th March, 2004, lodged an appeal against it to the Court of Appeal Ibadan Division. Immediately after filing the Notice and grounds of appeal, the defendants brought an application for stay of execution of the judgment of the trial court which application was instantly heard and granted by the trial court on 26th March, 2004. On getting the order of stay of execution of the judgment of trial Court, the Defendants/Appellants took no steps to put their appeal on ground for hearing at the Court of Appeal. The attempt by the Plaintiffs who were Respondents at the Court of Appeal to set aside the order of stay by an application dated 9th October, 2007, was not successful as the application was struck-out on 15th January, 2008. Meanwhile the Defendants/Appellants appeal remained dormant and unheard in the absence of the record of appeal inspite of the fact that the Notice of Appeal against the judgment of the trial court was filed since 17th March, 2004 and the execution of which judgment was stayed by the same trial court since 26th March, 2004. The Plaintiffs/Respondents then brought their application before the Court of Appeal by a motion dated 9th October, 2009 to strike out the Defendants/Appellants appeal for want of diligent prosecution.

Although the Plaintiffs/Appellants opposed that application at the Court of Appeal, no counter affidavit was filed in opposing the application which was heard and granted by that Court resulting in striking out the Plaintiffs/Appellants Notice of Appeal for want of diligent prosecution. The present appeal by the plaintiffs/Appellants is against that Ruling of the court of Appeal Ibadan Division given on 21st May 2008.

Issues

Whether the lower court can safely assume jurisdiction over a substantive appeal...

Osun State INEC V. National Conscience Party & Ors (2013) CLR 3(n) (SC)

Judgement delivered on March 1st 2013

Brief

Facts

Issues