Chief Adebisi Adegbuyi V. All Progressive Congress (Apc) & Ors (2014)

LAWGLOBAL HUB Lead Judgment Report

JOHN AFOLABI FABIYI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Ibadan Division (‘the court below’ for short) delivered on 24th May, 2012. Therein, the decision of the Federal High Court, Abeokuta (trial court) delivered by Ajumogobia, J. on 1st day of April, 2011 was affirmed. The appellant has decided to further appeal to this court.

It is apt to state briefly the salient facts of this matter. The appellant as plaintiff at the trial court instituted his action against the respondents, as defendants, by way of Originating Summons on 8th February, 2011. Thereat, he claimed that:-

(a) The 1st respondent did not conduct a primary election in the Senatorial District in accordance with section 87 of the Electoral Act 2010 (as amended).

(b) That he (the plaintiff) was the only person qualified to be the candidate being the only aspirant that complied with the party guidelines.

(c) That the 2nd respondent was handpicked contrary to statutory provisions.

Sequel to the above, the appellant, as plaintiff, made supplication for three declarations, put briefly, as follows:-

“1. That by virtue of being the only Senatorial aspirant for the District who complied with provisions of section 87 of the Electoral Act, 2010 and relevant guidelines of the 1st respondent, his name should be forwarded to the 3rd respondent as the duly nominated candidate representing Ogun East Senatorial District.

2. That the handpicking or imposition of the 2nd defendant by the 1st defendant is null and void.

The plaintiff then prayed for three Orders as follows:-

3. An order setting aside the purported nomination of the 2nd defendant by the 1st defendant as the Senatorial Candidate for the stated District.
4. An order directing the defendant to recognize and accept the plaintiff as the bona fide Senatorial candidate of the District on the platform of the 1st defendant.
5. An order of perpetual injunction restraining the 3rd defendant from recognizing the 2nd defendant as Senatorial candidate of the stated District in the general election fixed for 2nd April, 2011.”

The respondents filed counter-affidavits. Two officials of the 1st respondent maintained that the appellant withdrew his intention to be considered as a candidate vide his letter marked Exhibit ‘C’ to the first counter-affidavit and Exhibit ‘A’ in the 2nd one. They asserted that the 2nd respondent was the preferred candidate who emerged as the sole candidate. A special congress was held to confirm his candidature in tune with section 87(6) of the Electoral Act, 2010 (as amended).

It is of moment to note that the issue of the appellant’s withdrawal from the Senatorial race was not challenged or controverted at any time by the appellant. He did not deny the issuance of the withdrawal letter but he maintained that same was not dated.

The trial court did not make any pronouncement in respect of the withdrawal letter signed and sent by the appellant to the 1st respondent. The trial court considered the affidavits and counter-affidavit before it and dismissed the Originating Summons and thereafter ordered pleadings to be filed and set a date for hearing.

The appellant felt unhappy with the position taken by the trial judge and appealed to the court below.

Thereat, he maintained that:-