Hon. (Chief) Olusola Oke V. Sen. H. O. Ehinlanwo & Ors (2007)

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CHIDI NWAOMA UWA, J.C.A.

This is an appeal against the judgment of the Federal High Court, Abuja, delivered on the 18th day of April, 2007, hereafter called the “trial Court”, The then applicant SENATOR H. O. EHINLANWO, in his Originating Summons (“the summons”) dated March 16, 2007 sought the under mentioned questions for the determination of the Court:-

(1) Whether the Peoples Democratic Party (PDP) can substitute the plaintiff with another from contesting for the office of the Ondo South Senatorial Zone in the forth coming Senatorial election?

(2) Whether the plaintiff can be substituted for the office of the Senatorial Seat in the Ondo South Senatorial Zone after having been cleared by INEC during its screening exercise.

The 1st Respondent (then applicant) in the originating summons sought the following reliefs:

(a) A declaration that the Peoples Democratic Party has no power to remove the name of the Applicant as the candidate on the platform of PDP for the Ondo South Senatorial seat having been cleared by INEC.

(b) A declaration that the substitution of the applicant’s name with that of Chief Olusola Oke having been cleared by INEC was wrongful

(c) A declaration that the applicant is the party rightful candidate to contest for the office of Senator in the Ondo South Senatorial Zone in the forth coming election.

(d) An order that the name of the applicant be restored as the sole candidate on the platform of the PDP for the Ondo South senatorial Seat.

(e) An order restraining the 1st respondent from further presenting or recognizing Chief Olusola Oke or any other candidate than the applicant to contest for the office of the Senatorial Seat in the Ondo South Senatorial Zone in the forth coming election on the platform of the PDP.

The case before the trial Court was listed and heard by the trial Court on March 26, 2007 and adjourned to March 29, 2007 after which the Appellant got wind of the matter and subsequently applied to be joined as a respondent via an application dated March 29, 2007.

At the trial Court the originating summons of the plaintiff (1st Respondent) was supported by a five (5) paragraph affidavit deposed to by one Emmanuel Mgor, a litigation clerk in the Law Office of learned Counsel to the Applicant, Karina Tunyan & Co, filed on 16th March, 2007, a further affidavit of seven (7) paragraphs deposed to by the same deponent with documents attached as Exhibits A, B1-B2 and C filed on March 26, 2007 and also filed on 16th April, 2007 was a four (4) paragraph further and better affidavit deposed to by one Jibrin Habu, a litigation clerk in the law Firm of D. D. Dodo & Co, plaintiffs lead Counsel with documents attached as Exhibits Senator 1 – Senator 6.

On the same day 16th April 2007, the matter came up for hearing with an application for abridgment of time. The Court made an order for accelerated hearing, due to the urgency of the matter, gave directions for

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