Hon. Yinus Akintunde & Ors V. Olona Yinka & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, JCA (Delivering the leading judgment)

This is an appeal against the Ruling of P. O. Ige, J of the Oyo State High Court delivered on the 11th day of December, 2007 wherein the Court dismissed the application of the Appellants herein for joinder to this action and for the setting aside of the ruling of the High Court delivered on 23rd November, 2007 which set aside the election which brought the Appellants into office as Chairmen of Local Government Councils of Oyo State, in the same ruling granted leave to the 1st – 13th Respondents herein (who were plaintiffs) to discontinue the suit.

Dissatisfied with the lower court’s decision, the Appellants filed their original Notice of Appeal against the Ruling on 11th March, 2008; later filed an amended Notice of Appeal dated 18th September, 2008 on the same day deemed as properly filed on 29th June, 2009.

A highlight of the background facts leading to this appeal are important for a better appreciation of the issues for resolution before this Court.

Before the lower court, by an Originating Summons dated 23rd April, 2007, the 1st – 13th Respondents (hereafter referred to as the Respondents) instituted the action leading to this appeal against the 14th to 16th Respondents herein, claiming the following declaratory and injunctive reliefs:- (page 3 of the records).

“(1) A DECLARATION that the composition of the 1st Plaintiff is unconstitutional, illegal and the appointment of the members null, void and of no effect.

(2) A DECLARATION that the conduct of any election by the 1st Respondent as presently constituted is a violation of the provisions of the OYSIEC Law, the Constitution of Nigeria and the Fundamental Human Rights of the Applicants.

(3) AN ORDER setting aside any decision of the 1st Respondent to conduct any Local Government election in Oyo State or any step taken or to be taken in respect of that election.

(4) AN ORDER striking out Section 9 of the OYSIEC Law.

(5) Injunction restraining the 1st Respondent as presently constituted from conducting any election into any Local Government Office in Oyo State.

(6) An Injunction restraining the 1st Respondent from conducting any Local Government election until it is comprised of people in accordance with Section 4(2) of the OYSIEC Law.

(7) An Injunction restraining the 2nd Respondent from releasing the Voters Register to or in any way assisting the 1st Respondent in the conduct of Local Government elections.”

While the action was pending, the Respondents herein (as applicants) filed a Motion for Interlocutory Injunction seeking to restrain the 14th Respondent (as 1st Respondent) (Oyo State Independent Electoral Commission – OYSIEC) from conducting any election into any of the thirty three (33) Local Governments in Oyo State pending the hearing and determination of the substantive case. In the said Motion the following relief was sought:-

UAN ORDER of this Honourable Court for an order of Interlocutory Injunction restraining the 1st Respondent/Respondent from conducting an election into any of the Local governments in Oyo State pending the hearing and determination of the originating summons already filed in this Suit.”