Honourable Ahmed Salawu Ogembe V. Nurudeen Abatemi Usman & Ors (2011)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

The 1st Respondent herein as plaintiff at the trial Federal High Court filed an action by way of originating summons, seeking for a number of reliefs: viz:

a. AN ORDER of declaration that the Defendants are bound by the result of the National Assembly primary election of the PDP candidate for Kogi Central Senatorial District.

b. AN ORDER of declaration that the Plaintiff having scored the highest number of votes is the winner of the National Assembly Primary Election conducted for Kogi central Senatorial District by the Defendants on 7th January, 2011.

c. AN ORDER of declaration that under the Electoral Act 2010 and the PDP constitution 2009 (as amended), the Plaintiff is the elected candidate of the 1st defendant for Kogi Central Senatorial District for the forthcoming general election to hold on the 2nd April, 2011 or any other date fixed by the 2nd Defendant under the Electoral Act 2010 (as amended).

d. AN ORDER of declaration that the Plaintiff having won the highest number of votes at the primary election held on 7th January, 2011 by the entitled to have his name submitted to the 2nd Defendant as the elected sponsored candidate of the 1st defendant in the forthcoming election for the Kogi Central Senatorial District.

e. AN ORDER of injunction restraining the 1st defendant, its servants, agents, officers, privies or otherwise howsoever from conducting any other National Assembly Primary election for the selection/election of candidate for the Kogi Central Senatorial District for the forthcoming general election.

f. AN ORDER of injunction restraining the 1st Defendant, its servants, agents, officers, privies or otherwise however from submitting/forwarding the name of any other person except the Plaintiff to the 2nd Defendant as the Candidate of the 1st Defendant for the Kogi Central Senatorial District in the forthcoming general election to be held on 2nd April, 2011, or any other date fixed by the 2nd Defendant.

g. AN ORDER of injunction restraining the 2nd defendant, its servants, agents, officers, privies or otherwise however from accepting and/or recognizing any other person save the Plaintiff as the candidate of the 2nd Defendant in the Kogi Central Senatorial District for the forthcoming general election to be held, 2011 and/or any other date fixed by the 2nd Defendant.

h. AN ORDER of injunction compelling the Defendants to recognize and accept the Plaintiff as the elected candidate of the 1st defendant for the Kogi Central Senatorial District in the forthcoming 2011 general election.

i. AN FOR SUCH FURTHER AND THE ORDERS as the Honourable Court may deem fit in circumstances.

To prove his case, the plaintiffs filed a 24 paragraph affidavit in support of the originating summons and a further affidavit. On their part the 3rd Respondent herein as 1st Defendant filed a Counter Affidavit, followed by their Notice of Preliminary objection. However, the Notice of preliminary objection filed by the 3rd Respondent herein (PDP) in the Court below was withdrawn by their counsel Chief Olusola Oke on 27/1/2011 and same was accordingly struck out. Consequently the Learned Trial Judge vacated the exparte order against the PDP and proceeded to hear the substantive matter on its merits and came to the following verdict on 31/1/2011.

“In the absence of any decision for the National working Committee of the 1st Defendant overturning the report of the Special Appeal Panel the only conclusion to be reached is that the plaintiff won the primary election confirmed by the Appeal Panel. In view of this, I hold that the plaintiff is entitled to judgment as per his reliefs. Accordingly, judgment is hereby entered in favour of the plaintiff. Having declared judgment in the originating summons the plaintiff’s motion for Interlocutory Injunction dated 24th January, 2011 is overtaken by events and same is hereby struck out”.

The 3rd Respondent herein (PDP) was dissatisfied with the judgment and appealed. Its notice of Appeal dated 31/1/2011 contains 2 grounds of Appeal. However upon the receipt of the certified copy of the judgment, it filed another Notice of Appeal on 17/3/2011 containing 4 grounds of Appeal.