George Gabriel Chiadikaobi v. Independent National Electoral Commission & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

This appeal is against the judgment of the Federal High Court, Lagos Judicial Division (the lower court), Coram: C. J. Aneke, J., delivered on 08/12/2022, wherein the claim of the appellant, as plaintiff, was dismissed.

The appellant, as 5th plaintiff, commenced the action along with 10 others, including Labour Party, (For themselves and on behalf of the other 18 candidates for the National Assembly) by way of originating summons, against the Independent National Electoral Commission, claiming the following single relief:

An order of the honourable court directing/compelling the respondent to open the website for the purpose of allowing the 1st applicant submit list of her candidates or accept same manually with immediate effect for the purpose of the general election.

Labour party was the 1st applicant or plaintiff in the originating summons while the other applicants or plaintiffs, including the appellant, are all members of the Labour party. On 01/12/2022, the lower court heard the originating summons along with the motion of the 7th plaintiff/applicant seeking forthe dismissal of the suit for constituting an abuse of court process, and adjourned to 07/12/2022 for judgment. On 06/12/2022, the 1st plaintiff, Labour party, filed a motion on notice for leave to discontinue the suit against all the respondents.

The appellant, as 5th plaintiff opposed the withdrawal of the suit. After the processes were brought to the attention of the court on 08/12/2022, the lower court then proceeded to deliver its judgment which had earlier been fixed for the previous day, i.e., 07/12/2022. In resolving the motion of the 1st plaintiff, the lower court discontinued the suit as it concerns the 1st, 2nd, 3rd, 4th, 6th, 8th, 9th, 10th and 11th plaintiffs.

With respect to the motion of the 7th plaintiff for the dismissal of the suit for constituting abuse of court process, the lower court held that the 5th plaintiff was not a party in the Court of Appeal judgment in appeal No. CA/ABJ/CV/1041/2022 and therefore he cannot be bound by the judgment and that the instant suit, now on appeal, cannot constitute an abuse of court process as it relates to the appellant, then 5th plaintiff. On the merit of the originating summons, the lower courtdismissed the suit in its entirety for lacking in merit, basically on the ground that while the parties are in respect of Labour Party Candidates for National Assembly Constituencies in Lagos State, the affidavit evidence in support of the suit is in respect of Constituencies in Ogun State.

The second ground for dismissing the suit is that the INEC Time Table and Schedule of Activities, which will show whether the plaintiff acted within the approved time table, was surreptitiously detached from exhibit LP5 annexed to the plaintiffs affidavit in support of the originating summons. Being aggrieved with the decision aforesaid, the appellant approached this court vide a notice of appeal filed on 15/12/2022 anchored on five grounds of appeal.

The summary of the facts of the case leading to this appeal is short and straightforward. Following the withdrawal of some of its candidates for the 2023 General Election, Labour party, the 2nd respondent, conducted substitution primaries for the selection of new candidates after complying with the requirement of notice to INEC, the 1st respondent, but was unable to upload the names of the new candidates on INECwebsite because the window was shut.

As a result, the National Chairman and Secretary of the 2nd respondent manually sent the names to INEC with a cover letter. While waiting for the publication of the list of its candidates, the 2nd respondent (Labour party) received a letter from INEC stating that the time allowed for withdrawal and substitution primaries has lapsed, by virtue of its Time

Table and Schedule of Activities for the General Election of 2023, hence the action before the lower court, seeking for the relief quoted at the beginning of the judgment.

As required by the Court of Appeal Rules, parties filed and exchanged briefs of argument. The appellants brief of argument, settled by Prince I. Nwafuru, with Gbenga Ajala, Ifeoma Ben and Michael Amakeze, was filed on 13/01/2023. Ayobamidele Akande, settles the brief of the 1st respondent filed on 01/02/2023, while Olabode Muiz Shodunke settles that of the 2nd respondent, also filed on 01/02/2023.

While the appeal was pending, one Hon. Moshood Adegoke Salvador, filed an application on 27/01/2023 to be joined as a respondent in the appeal as an interested party. Since time is of the essence in the hearing and determination of pre-election matter, the interested party also filed a brief of argument as 23rd respondent. The brief was prepared by Lawal Pedro, SAN, with Mariam Pedro-Tijani (Mrs.) and filed on 31/01/2023. appellants counsel responded to all three briefs filed by the three respondents who participated in this appeal, by filing three separate reply briefs.

At the hearing of the appeal on 08/02/2023, Lawal Pedro, SAN, moved his application for joinder and was responded to by the appellant who filed a counter-affidavit in opposition.