Barr. Ayodele Musibau Kusamotu V. All Progressives Congress & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the decision of the Court of Appeal, Abuja Division, referred to hereinafter as the Court below, in appeal No. CA/A/313/2017. The appellant had appealed to the Court below on 3rd May 2017 against the ruling of the Federal High Court, the trial Court, sitting in Abuja over suit No. FHC/ABJ/CS/1038/2017, delivered on the 10th April 2017. By the ruling at the instance of the 2nd respondent as the 2nd defendant, the trial Court ordered that the suit commenced by the appellant as plaintiff be tried by pleadings to be filed and exchanged by the parties.

Dissatisfied, the appellant herein appealed to the Court below which, in allowing the appeal, concluded its judgment at page 1241, vol.2 of the record of appeal thus: –

“On the whole, this appeal succeeds as it has merit. It is accordingly allowed. Accordingly, I hereby set-aside the ruling of the Federal High Court in suit No.FHC/ABJ/CS/1038/2014 delivered on 10-4-17 by J.T. Tsoho granting the 2nd Respondent’s application for an order that the parties to (sic) file pleadings in the suit. It

1

is hereby ordered that the trial Court proceed to hear and determine the originating summons together with all the pending objections by the 1st and 2nd defendants to the competence of the suit and the validity of the amended originating summons forthwith.

It is hereby further ordered that the said hearing by the trial Court shall be accelerated and shall be day by day.” (Underlining supplied for emphasis).

It is against the foregoing decision that the appellant has appealed to this Court on a notice filed on the 23/5/18 containing eight grounds.

The appeal was argued in this Court on the 21/11/2018 and judgment reserved for today 15/02/2019.

The reliefs the appellant seek by his appeal are as contained in paragraph four (4) of his notice of appeal which reads: –

“To allow the appeal; set aside the part complained of the judgment of the Lower Court made on the 19th day of January 2018; to declare the appellant as the only authentic and sole candidate of the 1st Respondent; to issue and order directing the speaker House of Representatives to swear in the Appellant as a member representing Ifelodun/Boripe/Odo-Otin Federal

2

Constituency Osun State with all the rights and privileges attached thereto; to issue an order directing the 2nd Respondent to refund to the Appellant all salaries allowances, estacodes and benefits so far received

OR ALTERNATIVELY