Elder Wole Oyelese & Ors V. Independent National Electoral Commission & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment)

This is a motion on Notice dated the 28th March 2011 and filed on the 29th March, 2011 by the 2nd Respondent/Applicant.

It is for reliefs set out on the motion paper which are as follows-

1. AN ORDER amending the record of proceedings already before this Honourable Court by addition of the submissions of various Counsel in the case on the 14th day of February, 2011.
2. AN ORDER granting leave to the 2nd Respondent/Applicant to use the document marked ‘Exhibits B and C’ as forming part of the proceedings of the Federal High Court, Ibadan on the 14th February, 2011 in Suit No. FHC/IB/2/2011.
3. AN ORDER deeming ‘Exhibits B and C’ herein which is the proceedings of the Federal High Court on 14th February 2011 in Suit No. FHC/IB/2/2011 as part of the bundle of documents to be used as the record of appeal.

AND FOR SUCH FURTHER ORDERS as this Honourable Court may deem fit to make in the circumstance.

The grounds of this application as stated on the motion paper are:

(i) The record of the trial Court on the Honourable Court does not reflect in full what transpired in that Court on that day.

(ii) Respondent/Applicant has challenged the record of proceedings of the trial Court.

(iii) There is the need to allow the 2nd Respondent/Applicant bring before the Court facts of what transpired that was not recorded by the trial Judge.

Notice was also given that at the hearing of this application, the 2nd Respondent/Applicant shall rely on the record of the Court and all processes filed so far in this suit. As stated on the motion paper, the motion is brought pursuant to Order 7 Rule 1 of the Court of Appeal Rules 2007 as well as under the inherent jurisdiction of the Court. The motion is supported by an affidavit of 26 paragraphs and 6 Exhibits – “A – F”. Counsel for the 2nd Respondent/Applicant Prince L. O. Fagbemi SAN relied on all the paragraphs of the affidavit and the Exhibit is attached. Learned Senior Counsel referred to and relied on the following processes more emphatically –

(a) Counter Affidavit deposed to by Victor Adewole on the 30th March, 2011;

(b) Further counter affidavit of Babatunde Akinola deposed to on the 7th April 2011;

(c) Further Affidavit in Reply to Appellants’ Counter affidavit deposed to by Olubunmi Ogunniran on the 1st April 2011;

(d) Further and Better Affidavit to the Appellants’ further counter affidavit deposed to by Olubunmi Ogunniran also on the 12th April 2011;

(e) Counter Affidavit to Affidavit of 2nd Respondent challenging Record of proceedings of the Federal High Court Ibadan of 14th February 2011 deposed to on the 6th April, 2011 by Mr. Humphrey Wegbuom Orlu Director (Litigation) of Federal High Court Ibadan;