Dorcas Abosede Oyegbile V. Independence National Electoral Commission & Ors (2008)

LawGlobal-Hub Lead Judgment Report

MODUPE FASANMI, J.C.A.

This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Osogbo delivered on the 1st of December, 2007.

Briefly on the 14th of April 2007, election was held in respect of Ejigbo Local Government Constituency of the Osun State House of Assembly. The 4th Respondent was declared as the winner of the Election by the 1st, 2nd and 3rd Respondents.

The Appellant/Petitioner who was a candidate at the election on the platform of the Progressive Peoples Alliance (PPA) presented an election petition. The ground of the petition was that the Petitioner was validly nominated but was unlawfully excluded from the election.

The 4th Respondent who was the candidate of the Action Congress and who was returned as elected filed a notice of preliminary objection dated the 26th of November, 2007 praying the Tribunal to strike out the petition on the following grounds.

(1) That the petition is incompetent

(2) That the Petitioner has no locus standi to present the petition.

By a ruling delivered on the 1st day of December, 2007 the Lower Tribunal upheld the objection and struck out the petition. Dissatisfied with the ruling, the Appellant/Petitioner appealed to this Court. Appellant filed her notice of appeal on the 6th of December, 2007 and filed her brief of argument before this Court on the 13th of March, 2008. 4th Respondents brief of argument was filed on the 20th of March, 2008 while the 6th & 7th Respondents brief of argument was filed on the 3rd of April, 2008. Appellant formulated a sole issue for the determination of the appeal thus:

“Whether by virtue of the Provisions of Section 144 (1) (a) and 145 (1) of the Electoral Act 2006, the Appellant/Petitioner has locus standi to bring the petition (Grounds 1, 2, 3, 5 and 6). This issue was adopting by the 4th Respondent and 6th & 7th Respondents in their respective briefs.

At the hearing of the appeal learned Counsel for the parties adopted their respective briefs. Appellants/Petitioners Counsel submits that it is the petition that should be looked into in determining the locus standi of the Petitioner and not just a fraction of the petition. He cited the case of PEOPLES VOICE COMMUNICATION LTD. V. LAWAL (2005) ALL F.W.L.R (PT. 246) PAGE 1207 AT 1223. He referred to paragraphs 1, 5, 6, 7, 8, 11, 13, 16, 17 and 22 of the Amended Petition to be able to deduce the locus standi of the Petitioner. At the conclusion of the said election, the 1st, 2nd and 3rd respondents declared the following result.

(1) Najeem Salami – AC 14,467

(2) Saka Salami – NDP 1,049

(3) Alabi George Ibitayo – PDP 1,049

(4) NIL – DPA001