Hon. Solomon Oluwaseyi Osho v. Mr. Adebiyi Adeleye (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED LAWAL GARBA, JSC (Delivering the leading judgment)

The appellant and the 1st respondents were aspirants who participated in the 2nd respondents primary election conducted on the 26th May, 2022 and monitored by the 3rd respondent at the Remo North Constituency for the selection of a candidate to contest election for the Ogun State House of Assembly.

At the end of voting at the primary election, the 1st respondent scored the highest votes and was declared the winner while the appellant came second at the election.

The 1st respondents name was then nominated and forwarded to the 3rd respondent as the 2nd respondents candidate for the said election, which was also published by the 3ld respondent as prescribed by the Electoral Act, 2022.

Thereafter, the appellant filed a suit vide a writ of summons dated 8th June, 2022 at the Federal High Court, Abeokuta (trial court) against the respondents by which he made claims as follows:-

1. A declaration that the handpicking or imposition of the 1st defendant by the 2 ……(sic) the State House of Assembly Candidate for Remo North constituency, Ogun State is null and void. In that, the 1st defendant neither pay for and obtain the expression of interest an Nomination form in line with the 2nd defendant’s primary Guideline and constitution nor participate in screening exercise or Primary Election.
2. A declaration that the plaintiff having paid for and obtained the Expression of Interest and Nomination form, screened and cleared to contest the primary election of the 2nd defendant to the State House of Assembly Candidate of Remo North WEEKLY REPORTS OF NIGERIA 8 May 2023 (Garba, JSC)

[2023] 19 W.R.N

Osho v. Adeleye & Ors. (Garba, JSC)

Constituency Ogun State ……(sic) scored the highest vote in the primary is rightfully entitled by the guideline and constitution of the 2nd defendant to have his name forwarded to the 3rd defendant as the duly ….(sic) candidate of the 2nd defendant representing Remo North Constituency in the 2023 General Election.

3. A declaration that the 1st defendant lacked the requisite moral and academic qualification required to hold office as a member of the Ogun State House of Assembly.
4. A declaration that the 1st defendant having not resigned his appointment as Special Adviser Political Affairs to Ogun State Governor is not qualified to contest the Ogun State House of Assembly election in view of section 84 (12) of the Electoral Act, 2022.
5. An order setting aside the purported nomination of the 1st defendant as a candidate of the 2nd defendant for the State House of Assembly Election for Remo North Constituency Ogun State for failure to comply with primary Guideline and constitution of the 2nd defendant and the Constitution of the Federal Republic of Nigeria.
6. An order directing the 2nd, 3rd and 4th defendants to recognize and accept the plaintiff as the bona fide 2nd defendant State House of Assembly Candidate for Remo North Constituency Ogun State in the 2023 General Election on the platform of the 2nd defendant.
7. An order of perpetual injunction restraining the 2nd, 3rd and 4th defendants from recognizing or accepting the 1st defendant as the State House of Assembly candidate for Remo North Constituency Ogun State in the 2023 General Election.

Later however, the trial court converted the writ of summons to originating summons on the 2nd August, 2022 and so the appellant filed the originating summons on the 9th August 2022 and sought the determination of the following questions:-

1. Whether the 1st defendant having not resigned his appointment …….(sic) (Political Affairs) to Ogun State Governor is qualified …..(sic) the Ogun State House of Assembly election/primary on platform of the 2nd defendant in view of the provision of section 84 (12) of the Electoral Act, 2022.
2. Whether the platform in the circumstances of this case is entitled to be nominated by the 2nd defendant to the 3rd defendant as the defendant’s candidate representing Remo North Constituency in the 2023 General Election.
3. Whether the 1st defendant falsified educational certificates have regards to the fact of this case.
4. Whether the nomination of the defendant by the 2nd defendant to the 3rd defendant as the 2nd defendant’s candidate representing Remo North Constituency in the 2023 General Election is irregular and null and void.
5. Whether the plaintiff is entitled to an order of court compelling the 2nd defendant to nominate him and have his name forwarded to the 3rd defendant as the 2nd defendant’s candidate to the Remo North Constituency State Assembly 2023 General Election.”

Premised on the expected answers to these questions, the appellant prayed for declaratory orders thus:-

1. A declaration that the handpicking or imposition of the 1st defendant by the 2nd defendant as the State House of Assembly Candidate for Remo North constituency, Ogun State is null and void in that 1st defendant neither pay for and obtain the expressing of interest and Nomination form in line with the 2nd defendant’s primary Guideline and constitution nor participate in screening exercise or primary Election.
2. A declaration that the plaintiff having paid for and obtained the expression of Interest and Nomination form, screened and cleared to contest the primary election of the 2nd defendant to the State House of Assembly Candidate of Remo North Constituency Ogun State and having scored the highest vote in the primary is rightfully entitled by the guideline and constitution of the 2nd defendant to have his name forwarded to the 3rd defendant as the duly nominated candidate of the 2nd defendant representing Remo North Constituency in the 2023 General Election.
3. A declaration that the 1st defendant lacked the requisite moral and academic qualification required to hold office as a member of the Ogun State House of Assembly.
4. A declaration that the 1st defendant having not resigned his appointment as Special Adviser Political Affairs to Ogun State Governor is not qualified to contest the Ogun State House of Assembly election in view of section 84(12) of the Electoral Act, 2022.
5. An order setting aside the purported nomination of the 1st defendant as a candidate of the 2nd defendant for the State House of Assembly Election for Remo North Constituency Ogun State for failure to comply with primary Guideline and constitution of the 2nd defendant and the Constitution of the Federal Republic of Nigeria.
6. An order directing the 2nd, 3rd and 4th defendants to recognize and accept the plaintiff as the bona fide 2nd defendant State House of Assembly Candidate for Remo North Constituency Ogun State in the 2023 General Election on the platform of the 2nd defendant.
7. An order of perpetual injunction restraining the 2nd, 3rd and 4th defendants from recognizing or accepting the 1st defendant as the State House of Assembly candidate for Remo North Constituency Ogun State in the 2023 General Election.”

Filed along with the summons, was a 27 paragraphs affidavit deposed to by the appellant to which were annexed, several copies of documents marked as exhibits and a written address in support of the claims made.

The 1st and 4th respondents filed a counter affidavit to the summons, copies of documents and an address in support thereof. A preliminary objection was also filed on the same day to challenge the competence of the suit and the locus standi of the appellant to institute same.

The 2nd respondent filed an 18 paragraphs counter affidavit on the 30th August, 2022 to which were annexed, copies of documents marked as exhibits; as well as a written address in opposition to the summons, along with a motion on notice for extension of time to file same.

In reaction to the counter affidavits, the appellant filed reply on points of law on the 31st August, 2022.