Chief S.O. Adebayo & Ors. V. Peoples Democratic Party & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE J.C.A. (Delivering the Leading Judgment)

The Plaintiffs/Appellants by way of Originating Summons dated 17th February, 2011 commenced this suit at the Federal High Court, Abuja on the 18th of February, 2011. Subsequently, the suit was transferred to the Federal High Court, Ilorin Division before Faji, J.

By the said Originating Summons the Plaintiffs/Appellants initially sued three Defendants/ Respondents but by a Memorandum or Conditional Appearance dated 3rd March, 2011, Alhaji Abdul-Fatai Ahmed sought to be and was accordingly joined as the 4th Defendant/Respondent. The 3rd Respondent (INEC) was later struck out at the hearing of the appeal on 5/12/11.

It would be recalled that the Plaintiffs/Appellants sought for the determination of three questions with three declaratory Reliefs and four consequential orders as enumerated in pages 14-16 of the Record of

Proceedings as follows:-

QUESTIONS FOR DETERMINATION:

(i) Whether or not in view of the provision of Articles 12(i), 12.36 and 14.1 of the constitution of the People Democratic Party (PDP) of 1st Defendant, on the election and tenure of office of party officers and letter dated 14/01/2002 from the then National Chairman of the 1st Defendant, to then Kwara State Chairman of the 1st Defendant letter dated 08/08/2005 from the National Chairman of the” 1st Defendant to the Governor of Kwara State and letters dated 29/02/2008 from the then outgoing chairman and secretary of the Kwara State chapter of the 1st Defendant to the National Chairman of the 1st Defendant and other correspondences on and in respect of the position of the leadership of the Kwara State chapter of the 1st Defendant, the Kwara State Executive Committee of the 1st Defendant led by the 1st and 2nd Plaintiffs are not the duly elected and authentic Kwara State Party Executive Committee of the 1st Defendant entitled to run and manage the affair of the Kwara State chapter of the 1st Defendant in accordance with the provisions of the Constitution of the 1st Defendant.

(ii) Whether or not in view of the provisions of Articles 12.1(i), 12.36, 13.37 and 14.1 of the constitution,the Peoples Democratic Party (PDP), the 1st Defendant, on the election and tenure of office of party officers, Section 87(1) and (4) (b) of the Electoral Act 2010 and letter dated 14/01/2002 from then National Chairman of the 1st Defendant to the then Kwara to the then Kwara State Chairman of the 1st

Defendant, letter dated 08/08/2005 from the National Chairman of the 1st Defendant to the Governor of Kwara State and letter dated 29/02/2008 from the then out-going chairman and secretary of the Kwara State chapter of the 1st Defendant to the National Chairman of the 1st Defendant and letter dated 09/01/2011 from the 1st and 2nd Plaintiffs to the National Chairman of the 1st Defendant, the result of the Gubernatorial Primary Election of the People Democratic Party held on 09/01/2011 and letter dated 15/01/2011 from the Plaintiffs to the Secretary, Gubernatorial Primaries Appeal Panel of the 1st Defendant and other correspondences on and in respect of the position of the leadership of the Kwara State Chapter of the 1st Defendant, the 3rd Plaintiff is not the duly elected and authentic Governorship candidate of the 1st Defendant in Kwara State for the forthcoming April, 2011 Governorship elections and whose name is to he submitted to the 3rd Defendant for the purpose of the Governorship election.

(iii) Whether or not in view of the provisions of Articles 12.1(i), 12.36, 13.37 and 14.1 of the constitution of the Peoples Democratic Party (PDP) the 1st Defendant, on the election and tenure of office of party officers, Section 87(1) and (4) (b)(ii) of the Electoral Act 2010 and letter dated 14/01/2002 from then National Chairman of the 1st Defendant to the then Kwara State Chairman of the 1st Defendant, letter dated 08/08/2005 from the National Chairman of the 1st Defendant to the Governor of Kwara State and letter dated 29/02/2008 from the then out-going chairman and secretary of the Kwara State chapter of the 1st Defendant to the National Chairman of the 1st Defendant and letter dated 09/01/2011 from the 1st and 2nd Plaintiffs to the National Chairman of the 1st Defendant, the result of the Gubernatorial Primary Election of the People Democratic Party held on 09/01/2011 and letter dated 15/01/2011 from the Plaintiffs to the Secretary, Gubernatorial Primaries Appeal Panel of the 1st Defendant and letter dated 15/01/2011 from the 1st and 2nd Plaintiffs to the 3rd Defendant and other correspondences on and in respect of the position of the leadership of the Kwara State Chapter of the 1st Defendant, the 1st and 2nd Defendants have the constitutional vires to accept, adopt and submit to the 3rd Defendant as the 1st Defendant’s Governorship candidate for Kwara State at the forthcoming April, 2011 governorship election, the name of the 4th Defendant.”

RELIEFS SOUGHT:

“WHEREOF the plaintiffs jointly and severally claim against the defendant jointly and severally as follows:

1. A declaration that under and by virtue of Article s.12.1(i), 12.36, 12.37 and 14.1 of the Constitution of the People Democratic Party (PDP) the 1st Defendant; the Kwara State Executive Committee of the 1st Defendant led by the 1st and 2nd Plaintiffs is the duly elected and authentic state Executive Committee of the 1st Defendant in Kwara State and therefore entitled to run and manage the affair of the 1st Defendant in Kwara State.

2.’ A declaration that the gubernatorial primary of the 1st Defendant held in Ilorin on 9th January, 2011 organized and conducted by the State Executive Committee of the 1st Defendant led by the 1st and 2nd Plaintiffs is the authentic governorship primary of the 1st Defendant for the purpose of nomination and submission of name .of governorship candidate to the 3rd Defendant.

3. A declaration that the 3rd Plaintiff is the duly elected and authentic governorship candidate of the 1st Defendant having won the governorship primary of the 1st Defendant held on 9th January, 2011 and he is the only person entitled to have his name accepted and submitted to the 3rd Defendant as the 1st Defendant’s Governorship candidate for Kwara State for the forthcoming April, governorship election.
4. An order of the court restraining the 1st and 2nd Defendants from recognized adopting and or accepting and or submitting or sending to the 3rd Defendant the name of the 4th Defendant or any person other than the name of the 3rd Plaintiff as the 1st Defendant governorship candidate for Kwara State for the forthcoming April, 2011 governorship election,
5. An order of the court nullifying/setting aside the submission of the name of the 4th Defendant by the 1st Defendant to the 3rd Defendant as the 1st Defendant’s governorship candidate for Kwara State for the forthcoming April, 2011 governorship election.
6. An order of the Court restraining the 3rd defendant from accepting recognizing and/or treating as the 1st Defendant’s governorship candidate for Kwara State for forthcoming April, 2011 governorship election the 4th Defendant or any other persons than the 3rd Plaintiff submitted or sent to the 3rd Defendant by the 1st Defendants,
7. And for such further order(s) as the Court deem fit to make in the circumstance,”

Issues were joined by the Plaintiffs/Appellants filing a forty-eight paragraph Affidavit with annexed Exhibits marked 1, 2, 3, 4, 5, 5A, 6, 6A, 7 and 8 and a Further-Affidavit of twenty-four paragraphs  with annexed Exhibits marked 9 and 10 respectively in support of the Originating Summons. Also in support, the Plaintiffs/Appellants filed a Written Address and Further written Address.