Hon. Olobatoke Segun Samuel v. All Progressives Congress (APC) & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Abuja Division delivered on 10th November, 2022 wherein the court dismissed the appellant’s appeal and struck out his suit before the trial court for want of jurisdiction.

The Federal High Court, Lokoja Division had earlier dismissed the suit for want of jurisdiction on the ground of incompetence of the originating summons.

The suit is a fallout of the 1st respondent’s primary election held on 27th May, 2023 for the nomination of its candidate for the position of member representing Kabba-Bunu/Ijumu Federal Constituency ahead of the 2023 general elections. The primary election was conducted by four aspirants, including the appellant and the 3rd respondent.

At the conclusion of the primary election, the 3rd respondent emerged winner with 69 votes, the appellant scored 29 votes, while the two other aspirants scored 17 votes and 1 vote.

The appellant stated in his affidavit that he applied for and received from the 2nd respondent, the forms submitted by the 3rd respondent in respect of his constitutional requirements for the 2015, 2019 and 2023 elections, and after the receipt of the forms, he was of the view that the 3rd respondent submitted false information in the affidavit and documents submitted in relation to his constitutional requirements to contest.

Armed with this belief, the appellant instituted his suit before the trial court via originating summons filed on 1st July, 2022 wherein he submitted the following questions for the trial court’s determination and sought for the grant of the certain reliefs. It should however be noted that it was only the 3rd respondent’s documents submitted in 2014 and 2018 in preparation to contest in the 2015 and 2019 general elections that were attached to the appellant’s affidavit in support of his originating summons. The questions submitted to the trial court for determination are as follows:

“1. Whether having regards to sections 65 and 66 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as well as sections 29(5) and (6), 36, 84(5)(c)(ii) and 84(14) of the Electoral Act, 2022, the 3rd defendant, Hon. Prince Matthew Olushola Kolawole, ought to be disqualified from participating in the election to the seat of the Member, House of Representatives representing Kabba-Bunu/Ijumu Federal Constituency, Kogi State in the National Assembly, scheduled to hold on Saturday, 25th February, 2023 for giving false information in the affidavit and documents submitted by him in relation to his constitutional requirements to contest the 2015, 2019 and 2023 General Elections.

2. Whether having regards to sections 65 and 66 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as well as sections 29(5) and (6), 36, 84(5) (c)(ii) and 84(14) of the Electoral Act, 2022, the plaintiff, being the aspirant with the second highest number of valid/lawful votes, and who satisfied the constitutional requirement as the winner of the All Progressives Congress Primary Election, held on 27th May, 2022 for the Kabba- Bunu/Ijumu Federal Constituency, Kogi State, ought to be declared as the candidate of the 1st defendant to contest the General Election to the seat of the Member, House of Representatives representing Kabba-Bunu/Ijumu Federal Constituency, Kogi State in the National Assembly, scheduled to hold on Saturday, 25th February, 2023.

Upon the honourable court’s determination of the questions above in the affirmative, the plaintiff shall seek the following orders/reliefs:

i. A declaration of this honourable court that the 3rd defendant, Hon. Prince Matthew Olushola Kolawole, submitted false information in the affidavit and documents submitted by him in relation to his constitutional requirements to contest the election to the seat of the Member, House of Representatives representing Kabba-Bunu/Ijumu Federal Constituency, Kogi State in the National Assembly, scheduled to hold on Saturday, 25th February, 2023.

ii. A declaration of this honourable court that the 3rd defendant, Hon. Prince Matthew Olushola Kolawole, submitted false information to the 2nd defendant in the affidavit and documents submitted by him in relation to his constitutional requirements to contest the 2015 and 2019 General Elections.

iii. A declaration of this honourable court that the 3rd defendant, Hon. Prince Matthew Olushola Kolawole, having submitted false information in the affidavit and documents submitted by him in relation to his constitutional requirements to contest the 2015, 2019 and 2023 General Elections is disqualified from contesting the election to the seat of the Member, House of Representatives representing Kabba-Bunu/Ijumu Federal Constituency, Kogi State in the National Assembly, scheduled to hold on Saturday, 25th February, 2023.

iv. A declaration of this honourable court that the plaintiff, being the aspirant with the second highest number of valid/lawful votes and who satisfied the constitutional requirement as the winner of the All Progressives Congress Primary Election, held on 27th May, 2022 for the Kabba- Bunu/Ijumu Federal Constituency, Kogi State, is the candidate of the 1st defendant to contest the General Election to the seat of the Member, House of Representatives representing Kabba-Bunu/Ijumu Federal Constituency, Kogi State in the National Assembly, scheduled to hold on Saturday, 25th February, 2023.

v. An order of this honourable court directing the 1st defendant to submit the name of the plaintiff to the 2nd defendant, as its candidate to contest the General Election to the seat of the Member, House of Representatives representing Kabba-Bunu/Ijumu Federal Constituency, Kogi State in the National Assembly, scheduled to hold on Saturday, 25th February, 2023.