Adebisi Adegbuyi, Esq. & Anor V. Hon. Ramoni Olalekan Mustapha & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A (Delivering the Leading Judgment)

This is a consolidated appeal against the judgment of the National Assembly Election Tribunal, Ogun State sitting at Abeokuta delivered on 17th April 2008 and against four interlocutory rulings delivered by the said Tribunal on 12/12/07, 14/1/08, 16/1/08,and 6/3/08.

Elections were held into the Ogun East Senatorial District of Ogun State on 28th April 2007. The 1st appellant herein contested the election on the platform of the 2nd appellant, the Action Congress (AC), while the 1st respondent contested on the platform of the 2nd Respondent, the Peoples Democratic Party (PDP). At the conclusion of the election the 3rd respondent returned the 1st respondent as the winner having scored 293, 551 votes. The appellant came second with 14, 519 votes. Being dissatisfied with the outcome of the election, the appellants filed a petition before the National Assembly Election Tribunal sitting at Abeokuta (hereinafter referred to as the Tribunal). The summary of the grounds of the petition as stated at page 32 of the record is as follows:

“The petitioners thus maintain that the election of 28 April 2007 was invalid by reason of corrupt practices and or non-compliance with the provisions of the Electoral Act and consequently the respondent was not duly elected by majority of lawful votes.”

The petitioners urged the Tribunal to declare the election null and void and to order a fresh election.

Pleadings were filed and exchanged, pre-hearing sessions were held and the petition went to trial. Witnesses testified on behalf of all the parties and documents were tendered in evidence. At the conclusion of the trial and after considering the addresses of learned counsel, the Tribunal on 17/4/08 dismissed the petition and upheld the return of the 1st respondent. The appellants were dissatisfied with the judgment as well as interlocutory rulings delivered during the course of proceedings. The notice of appeal against the judgment is dated 7/5/08 and contains seven grounds of appeal (pages 1529 – 1540 of the record). The notices of appeal against the interlocutory decisions are as follows:

a. Notice of Appeal dated 14/12/07 against ruling delivered on 12/12/07 (pages 1162 – 1166 of the record).

b. Notice of Appeal dated 22/1/08 against ruling delivered on 14/1/08 (pages 1176 – 1180 of the record).

c. Notice of Appeal dated 22/1/08 against ruling delivered on 16/1/08 (pages 117 (b) – 117 (d) of the record).

d. Notice of Appeal dated 31/3/08 against ruling delivered on 6/3/08 (pages 1388 – 1392 of the record).

The appellants and the 1st and 2nd respondents duly filed and exchanged briefs of argument in compliance with the Rules of this Court. At the hearing of the appeal on 11/5/2010 it was brought to the court’s attention that the 3rd – 1237th respondents (who had been served with hearing notice against that date but were absent and unrepresented by counsel) were granted an extension of 48 hours within which to file their brief of argument on 27/1/2010. The court’s record revealed that the brief was not filed within the stipulated time. The said respondents filed an application on 12/2/2010 for further extension of time to file their said brief. They failed to attend court to move the application. The application was accordingly struck out for want of prosecution. Thus the briefs of argument for the determination of this appeal are:

(i) the appellants’ brief dated 19/11/08 and filed on 20/11/08;

(ii) the 1st and 2nd respondents’ brief dated 17/9/09 and filed on 24/9/09; and

(iii) the appellants’ reply brief dated 9/11/09 and filed on 13/11/09.