Hon. Rita Orji v. Mr. Francis Bartholomew Chima & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Lagos Division delivered on 8th February, 2023 in appeal No. CA/LAG/CV/1222/2022, setting aside the judgment of the Federal High Court, Lagos Division in suit No. FHC/L/CS/1202/2022, delivered on 7th December, 2022.

By the said judgment, the trial Court held that the 4th respondent herein had no candidate for the election of member representing Ajeromi/Ifelodun Federal Constituency in Lagos State for the 2023 General Election, having failed to conduct a valid primary election.

In setting aside the judgment, the lower court declared the 1st respondent as the authentic winner of the 3rd respondent’s primary held on 22nd May, 2022 and the 4th respondent’s candidate for the said election.

It ordered the 3rd and 4th respondents to field the 1st respondent and state his name on the ballot papers for the general election.

The appellant herein was the 4th respondent at the lower court. She is dissatisfied with the judgment and filed the instant appeal on 13/2/2023. The notice of appeal contains 9 grounds of appeal.

The facts leading to this appeal are as follows:

The 2nd respondent filed a writ of summons before the Federal High Court Lagos in Suit No. FHC/L/CS/1202/2022 on 23/6/2022 against the following respondents:

(i) INEC,

(ii) PDP,

(iii) Mr. Chima Francis Bartholomew,

(iv) The National Chairman, PDP,

(iv) The National Organising Secretary, PDP Primary Elections Committee and

(vi) The National Legal Adviser, PDP.