MR. Eyitayo Jegede, San V. Prince Biyi Poroye & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is a fall-out of the post-judgment ruling of the Federal High Court, Abuja Judicial Division, delivered on October 14, 2016 in Suit No: FHC/ABJ/CS/395/2016, by Abang J.

BACKGROUND FACTS

The genesis of the instant appeal is traceable to June 7, 2016. That was the day the 1st-9th Respondents instituted an action vide an Originating Summons (FHC/ABJ/CS/395/2016) in the Court below, seeking the determination of various questions raised therein.

1. Whether upon a community interpretation of the provisions of Section 223 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 35(3) of the Electoral Act 2010 as amended, Articles 47 (1) and 49 (1) of the Constitution of the Peoples Democratic Party along with the letter dated 12th, 13th, 16th and 18th May 2016 respectively issued under the hand of the National chairman and National Secretary of the Peoples Democratic Party on behalf of the National Working Committee of the 2nd Defendant, the Defendants can refuse to accept and accord recognition to the

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officers of the Peoples Democratic Party that emerged from the state congresses of the party conducted on the 10th of May 2016 in Ekiti, Ogun, Ondo, Osun, Oyo and Lagos states (listed in the exhibits attached to the affidavit in support of this originating summons) as the authentic State Executive Committees of the Peoples Democratic Party in the respective states.

2. Whether upon a community interpretation of the provisions of Section 223 (1) of the Constitution of the Federal Republic of Nigeria 1999 as amended, Section 35(3) of the Electoral Act 2010 as amended, Articles 47 (1) and 19 (1) of the Constitution of the Peoples Democratic Party along with the letter dated 9th May 2016 issued under the hand of the National Chairman and National Secretary of the Peoples Democratic Party on behalf of the National Working Committee of the 2nd Defendant recognizing that the tenure of the South West Zonal Executive Committee elected at the special South West Zonal congress held in October 2014 is still subsisting, the Defendants can refuse to accord recognition to the said officers of the South West Zonal Executive Committee of the party or in any way side-line

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the said Executive Committee until their tenure expires in October 2018 or in any manner side-line then during the subsistence of their said term of office.

3. Whether in the circumstances of a negative answer to the first two questions above the 1st Defendant ought not to be restrained from dealing in any way or manner or otherwise according any recognition whatsoever to any person(s) claiming to be the officers of the Peoples Democratic Party in Ekiti, Ogun, Ondo, Osun, Oyo and Lagos States and the South West Zone except the authentic officers of the states and Zonal Executive Committees of the party (listed in the exhibits attached to the affidavit in support of this originating summons) as recognised by the 2nd Defendant in its letters of 9th, 12th, 13th, 16th and 18th May 2016.
4. Whether having regard to Section 223 (1) of the Constitution of the Federal Republic of Nigeria as amended, Section 85(3) of the Electoral Act 2010 as amended, Articles 47 (1) and 49 (1) of the Constitution of the Peoples Democratic Party and the letters of 9th, 12th, 13th, 16th and 18th May 2016 respectively issued under the hand of the National Chairman and National

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Secretary of the Peoples Democratic Party on behalf of the National Working committee of the 2nd Defendant, the 1st defendant is not obliged to amend its records to reflect the names of the authentic officers of the State and Zonal Executive Committees of the 2nd Defendant in Ekiti, Ogun, Ondo, Osun, Oyo and Lagos States and the South West zone.

5. Whether in any event the 1st Defendant ought not to restrain the 2nd Defendant from accepting and or according recognition to any other person who claim to represent the 2nd Defendant as officers of the executive committees of the party in Ekiti, Ogun, Ondo, Osun, Oyo and Lagos States and the South West Zone except the authentic officers of the States and Zonal Executive Committees of the party (listed in the exhibits attached to the affidavit in support of this originating summons) as recognised by the 1st Defendant in its letters of 9th, 12th, 13th, 16th and 18th May 2016.

Where upon, the 1st-9th Respondents sought against the 1st and 2nd Defendants (now the 10th and 11th Respondents herein), various reliefs:

1. A declaration that upon a community interpretation of Section 223 (1) of the

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Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 85(3) of the Electoral Act 2010 as amended Articles 47 (1) and 49 (1) of the Constitution of the Peoples Democratic Party along with the letters dated 12th, 13, 16th and 18th May 2016 respectively under the hand of the National Chairman and National Secretary of the Peoples Democratic Party on behalf of the National Working Committee of the 2nd Defendant, the Defendants cannot refuse to accept and accord recognition to the officers of the Peoples Democratic Party that emerged from the State Congresses of the party conducted on the 10th of May 2016 in Ekiti, Ogun, Ondo, Osun, Oyo and Lagos State (listed in the exhibits attached to the affidavit in support of this originating summons) as the authentic State Executive Committee of the Peoples Democratic Party in the respective states.

2. A declaration that upon a community interpretation of the provisions of Section 223 (1) of the Constitution of the Federal Republic of Nigeria 1999 as amended, Section 85(3) of the Electoral Act 2010 as amended Articles 47(1) and 49(1) of the Constitution of the Peoples Democratic Party along with the

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