Chief Pegba Otemolu V. Senator A.m. Makarfi & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the decision of the Court of Appeal, Abuja Division in Appeal No.CA/A/551M/2016 between: Senator Ahmed Mohammed Makarfi, Senator Ben Obi v. Prince Biyi Poroye & 10 Ors delivered on 23/11/2016.

The appellant had brought an application before the Court below for leave to appeal as an interested party against the judgment of the Court as it affected him.

The gist of this matter goes thus: The 3rd – 9th respondents, as plaintiffs had commenced an action before the Federal High Court, Abuja by an originating summons on 7/6/2016. They sought a number of declaratory and injunctive reliefs against the 12th & 13th respondents. On the 29th June, 2016 the trial Court delivered its judgment in favour of the 3rd-11th respondents as plaintiffs.

Dissatisfied, the 1st and 2nd respondents appealed to the Court below as interested parties affected by the said judgment of the trial Court. In its judgment, the Court below allowed the appeal in favour of the 1st and 2nd respondents by setting aside the judgment of the trial Court.

The appellant

contended that in its judgment, the Court below nullified the primary conducted by the appellant on nomination of candidate for election without affording the appellant the opportunity of being heard. He contended further that even though he was not a party in the process leading to the nullification of the primary conducted by him, and it was never an issue before the trial Court or the Court below. The Court below had suo motu nullified the said primary conducted by the appellant’s Executive Committee without hearing from him.

In his Notice of Appeal dated 25/01/16, the appellant raised a sole ground of appeal against the said judgment of the Court below delivered on 23/11/2016.

In the brief of argument settled by learned senior counsel for the appellant, Dr. Alex Izinyon, SAN, the following sole issue was distilled from the said sole ground of appeal:

“Whether the Court below was right to have nullified the primary conducted by the appellant on nomination of candidate for election without affording the appellant the opportunity of being heard contrary to Section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as

amended).”

In arguing the above sole issue for the determination of this appeal, learned senior counsel for the appellant contended that the appellant was duly elected as the South West Zonal Executive Committee among other officers of the Peoples Democratic Party (PDP) the 13 respondent in the south West States by virtue of Exhibit AS9A.

Learned senior counsel further contended that on 19th May, 2016, the National Chairman and Secretary of the 13th respondent had written a letter to the 12th respondent (INEC) that the appellant as well as other elected officers on the 11th day of October, 2014 are the duly elected South West Zonal Executive Committee of the 13th respondent (PDP) which has the confirmation of the National Executive Committee to deal directly with 12th respondent to the exclusion of others and to carry out function as may be delegated to them by the 13th respondent. And that in the basis of the said letter from the National Chairman and National Secretary of the 13th respondent – Exhibit AS9A, the appellant and his Committee conducted primary for nomination of candidate for Gubernatorial election in Ondo State as one of the south West

States.