Engr. Ayo Ijagbemi & Anor. V. Mr. Joel Oluwole Ige & Anor. (2009)

LawGlobal-Hub Lead Judgment Report

SOTONYE DENTON WEST J.C.A,

The 1st and 2nd Appellants being dissatisfied with the Ruling of the Ekiti State High Court of Justice delivered by Hon. Justice D. O. Jegede on 31st day of March, 2008 appealed to this Court to set aside the decision of the lower court on the basis that the lower court lacks jurisdiction to entertain the suit filed by the Respondents.

This assertion that the court lacks jurisdiction as contended by the Appellants who are the Defendants in the court below in the suit brought by the 1st Respondent as Plaintiff against the Appellants and 2nd Respondent pertaining to matters allegedly connected to internal affairs of the Peoples Democratic Party i. e. the 2nd Appellant on nomination and sponsorship of candidate for Chairman of Gbonyin Local Government in Ekiti State.

The Appellants responded to the writ of summons filed by the 1st Respondent by entering a memorandum of conditional appearance, they also filed a notice of preliminary objection accompanied by an affidavit contending that the Respondent being a member of the P.D.P did not exhaust the domestic for a open to him under the constitution of the party before institution of the action before the lower court and that the subject matter being of a political nature arising from internal dispute of a political party is not justiceable before any court of law.

The lower court did not hesitate to rule against this Preliminary objection and accordingly held in its Ruling of 31st day of March, 2008, that it had jurisdiction to entertain the suit which led to this instant appeal before us.

When the appeal came up for hearing, the counsel to the Appellants, Owoseni Ajayi Esq. referred the court to the Appellants’ brief of argument which was dated and filed on 31st day of July, 2008. He adopted and relied on all the arguments in their brief and urged the court to allow the appeal in its entirety by quashing the decision of the lower court “Conferring jurisdiction on itself when the said court lacks jurisdiction to entertain the suit”.

Counsel for the 1st Respondent S. O. Funso. Esq. also called the attention of the court to the 1st Respondent’s brief dated the 20th day of August and filed on 21st day of August, 2008 which he adopted and relied on as the 1st Respondents’ arguments to the Appeal. He further urged the court to dismiss the appeal in its entirety and affirm the decision of the lower court.

The 2nd Respondent was represented by Ezekiel Agunbiade Esq. who referred the court to the 2nd Respondents’ brief of argument dated and filed on 17th day of February, 2009 but was deemed properly filed and served by order of this court on 26th day of February, 2009. Agunbiade Esq. submitted that he also filed an additional list of authorities dated the 29th day of April, 2009. He adopted and relied on their brief of arguments urging the court to allow the appeal, in terms of the prayers of the Appellants whom they are in alignment with, stressing that the court should allow the appeal.

The following three issues emanated from the Appellants brief for determination namely:

“(1) Whether the Respondent, a member of P.D.P. can abandon the domestic for available to him within the party constitution for resolving dispute that arose from the party primaries and sued the Appellants.

(2) Whether this action’s justifiable and actionable being of a political nature arising from the internal dispute of a political party.

(3) Whether the learned trial judge can make pronouncement on the merit of the case at the stage of the ruling on preliminary objection.”

The 1st Respondent in his Respondents’ brief of argument had decided with the leave of this court to adopt all the three issues formulated by the Appellants for determination which have been mentioned above whilst the 2nd Respondent identifies the following two issues for determination namely:

“(1) Whether the writ discloses reasonable cause of action against the 2nd Respondent.