Chief Victor Ike Oye v. Otunba Kamaru Lateef Odidan & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

STEPHEN JONAH ADAH, JSC (Delivering the leading judgment)

On the 14th day of October, 2021, this court in appeal No: SC/CV/687/2021 – Chief Jude Okeke v. All Progressives Grand Alliance (APGA), delivered a judgment which was later corrected on 24th day of March, 2023, by this court as a result of a clerical slip.

The core issue in that case revolves around the 3rd respondent, Alhaji Rabiu Garba Aliyu, who initiated a lawsuit by forum shopping – essentially, seeking a favourable court bypassing multiple jurisdictions, from Imo State to Jigawa State High Court. The reliefs sought in the case were overly broad and lacked clarity. Those reliefs read as follows:

a. A declaration that the National Convention of the All Progressives Grand Alliance (APGA) held on 31st May, 2019, at Owerri, Imo State wherein the plaintiff was duly elected as Deputy National Chairman (North) of the party, was conducted, held or carried out in total compliance with the Constitution of the Party, extant orders and/or judgments of the court, and therefore valid, lawful and legitimate.

b. A declaration that the national officers of the All Progressives Grand Alliance, including the plaintiff, who were elected at its National Convention held in Owerri, Imo State on 31st May, 2019, shall remain in office and discharge their respective duties for a term of four years commencing from 31st May, 2021.

c. A declaration that in view of the vacancy created by the suspension of the former National Chairman of the party by the National Executive Committee of the party at its meeting held on 15th June, 2021, the plaintiff being the next most senior national officer of the party, shall be appointed and/or elected as the Acting National Chairman of the All Progressives Grand Alliance (APGA) and therefore, entitled to exercise powers pertaining to the said office forthwith.

d. A declaration that the 1st defendant is not qualified and/or duly elected as the Deputy National Chairman (South) of the party and therefore ineligible to act in the capacity of or fill the vacancy created by the suspension of the National Chairman of the party from the same zone and the purported appointment of the 1st defendant as the Acting National Chairman is illegal, unconstitutional, null and void in its entirety.

e. A declaration that the issuance of any statutory notices, particularly the Notice of Ward Congress for the Anambra State Governorship election dated 1st June, 2021, and the Notice of primary dated 10th June, 2021, in so far as they relate or pertain to the conduct of the Governorship Primaries of the party for the Anambra State Governorship election scheduled for 1st July, 2021 or any other date, which the 1st defendant has no power to hold or conduct, are illegal, unlawful, null, void and of no effect whatsoever.

f. A declaration that the act or conduct of the 2nd defendant in acting upon, giving effect to, accepting or recognizing any action or conduct of the 1st defendant including his holding and conduct of the Anambra State Governorship Primary election of the All Progressives Grand Alliance on 1st July, 2021, or at any other date, is illegal, unlawful, null, void and of no effect whatsoever.

g. A declaration that the 1st defendant, not being the lawful and legitimate Acting National Chairman of the All Progressives Grand Alliance, cannot validly exercise any powers relating to the said office by announcing the winner of primary election of the party at the purported Anambra State Governorship primary election scheduled for 1st July, 2021, signing the nomination form of any candidate of the party and/or forwarding the name of any candidate to the Independent National Electoral Commission as being the nominated flagbearer of the party.

h. A declaration that the 2nd defendant (Independent National Electoral Commission) cannot lawfully give effect to, recognize and/or even publish the name of any governorship candidate submitted to it by the 1st defendant or any other person other than the plaintiff, who is the lawful Acting National Chairman of the Party, as being the lawfully nominated Government of the party for Anambra State at the primary election of the All Progressives Grand Alliance on 1st July, 2021, or at any other date.

i. A declaration that this honourable court has the inherent powers and judicial duty to set aside, nullify, invalidate and/or quash any action or conduct of the 1st defendant pertaining or relating to the office of the Acting National Chairman of the All Progressives Grand Alliance, the conduct of any party primary for the Anambra State Governorship election, signing and submission of name of any purportedly nominated candidate to the Independent National Electoral Commission as well as set aside and/or nullify the acceptance and recognition of such unlawful action by the 2nd defendant, all having been done in violation of the law and the Constitution of the party and null, void and of no effect.

j. An order setting aside and nullifying the appointment and/or election of the 1st defendant as the Acting National Chairman of the All Progressives Grand Alliance by the National Executive Committee of the party at its meeting on 15th June, 2021, instead the plaintiff who is the Deputy National Chairman (North) of the party and the next most senior national officers of the party in the line of succession.

k. An order setting aside and nullifying the issuance of any statutory notices, particularly the Notice of Ward Congress for the Anambra State Governorship election dated 1st June, 2021, and the Notice of Primary dated 10th June, 2021, in so far as they relate or pertain to the conduct of the governorship primaries of the party for the Anambra State Governorship election scheduled for 1st July, 2021, by the 1st defendant.