Chief S. O. Adedayo Vs P.D.P (2013)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, JSC 

This is an appeal against the Judgment of the Court of Appeal llorin delivered on 5/3/2012 affirming the Judgment of the Federal High Court, llorin delivered on 7/4/2011.

The facts as laid bare by the Appellants as plaintiffs before the trial Federal High Court are simple and straightforward.. On 9/1/2011, the 1st Respondent (PDP) set up National Electoral Panel which conducted the State Congress for the election of the 1st Respondents Gubernatorial candidate for Kwara State in the April general elections. At the end of the exercise, the majority of the votes cast by the accredited delegates and the scores recorded for the aspirants were duly entered in the prescribed Form PD004/G. The name of the 3rd Respondent was thereafter forwarded to the Independent National Electoral Commission (INEC) as the 1st Respondents candidate.

On 18/2/2011, the Appellants took out an Originating Summons before the Federal High Court Abuja, and the suit was later transferred to the Federal High Court, llorin. The basis of the Appellants approaching the court was that the State Executive Committee of the party being the duly recognized body for the Kwara State branch of the party its electoral process should be the recognized primary election and the result thereof. From the THREE main questions the appellants presented to the trial court for determination SIX Reliefs were sought on the following terms:

‘1, A declaration that under and by virtue of Articles 12 1(i);12. 36, 12.37 and 14.1 of the constitution of the Peoples Democratic Party(PDP) the 1st defendant the Kwara State Executive Committee of the 1st defendant led by the 1st and 2nd plaintiff is the duly elected and authenticState Executive Committee of the 1st defendant in Kwara State and therefore entitled to run and manage the affairs of the 1st defendant in Kwara State.

2. A declaration that the gubernatorial primary of the 1st defendant held in llorin on 9th January, 2011 organized and concluded 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 names of governorship candidate to the 3rd defendant.
3. A declaration that the 3rd plaintiff is the duly elected and authentic governorship candidate 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 defendants governorship candidate for Kwara State for the forthcoming April 2011 governorship election.
4. An order of the court restraining the 1st and 2nd defendants from recognizing adopting and or accepting 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 defendants 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 defendants governorship candidate for Kwara State for the forthcoming April 2011 governorship election the 4th defendant or any other person than the 3rd plaintiff submitted or sent to the 3rd defendant by the 1st and 2nd defendants’

At the trial Federal High Court the two issues formulated for determination were resolved in favour of the Defendants. On an appeal to the Court of Appeal, it dismissed the appeal. Hence the instant appeal is a further appeal to this Court by the Appellants. Appellants filed their brief of argument on 28/1/2013 and distilled (THREE ISSUES for determination as follows:

’31 Whether or not the lower court was right in its conclusions that the trial court properly and correctly evaluated and drew correct inferences from the affidavit and documentary evidence placed before it and that by the tenure of Exhibits 1, 2, 3 & 4 and Articles 2, 12, 1(i) &(j), 14.1 and 14.5 of Exhibit 1 (PDP Constitution) the 1st appellants led State Executive Committee of the 1st respondent is not the authentic Kwara State Executive Committee (Grounds 1 and 2).

3.2 Whether or not the lower court was right in its conclusions that by Articles 12.72;17.1 and 12.2 of the constitution of the 1st respondent (Exhibit 1) the powers of the State Chairman and the State Executive Committee under Articles 12.3 (b)& (d); 12.41(c) and 13.22 of Exhibit 1 with respect to the congress for the election or nomination of the governorship candidates of the party have been taken away. (Grounds 3 and 4).

3.3 Whether or not the lower court was right in its conclusions that the holdings of the trial court on issues raised suo motu by it were inconsequential and did not occasion a miscarriage of justice on the appellants who were said to have been tardy in not addressing the issues (Grounds 5 and 6).’ 1

In addition to these three issues formulated above, learned counsel for appellants has invited this Court to depart from its decision in the case of LADO V. CPC (2012) All FWLR (Pt.607) 598 and other decisions in that line pursuant to Order 6 Rule 5(4) of the Supreme Court Rules.

The grounds upon which the invitation to depart from LADOs case (supra) are predicated are stated as follows:

‘1. The decisions of the Court overlooked the status, aim and intendments and effects of the Constitution of a political party

2. The decisions have the likely effect of allowing the party leadership to foist on the party candidates of their choice in flagrant disregard and violation of the constitution of the party and section 87(7) and 10 of the Electoral Act, 2010 thereby leaving the aggrieved members without redress.
3. Adherence to the decisions is likely to cause and or perpetuate injustice’.

On his part, learned counsel for the 1st and 2nd Respondents filed their brief of argument on 18/9/2012. He submitted that the Supreme Court is invested with powers to review, depart or overrule its previous decisions, which power must be exercised with greatest hesitation and caution but in consideration of established guiding principles so as to allow for consistency in the decisions of the courts. Reliance was placed on the case of PAUL ODI V. OSAFILE (1985) 1 NWLR (Pt. 1) 17 at 34. He however distilled a sole issue for determination thus:

‘Whether the lower court was not right when it held that the trial court evaluated the affidavit and documentary evidence placedbefore it.’