Labour Party & Ors V. Comrade Rufus Oyatoro (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

The Appellants herein claimed to have filed two Notices of Appeal against two different Rulings in suit No. HOS/137/2011.

The first Notice of Appeal said to be against the Ruling delivered by Honourable Juctice S. Oyejide Falola on 24th January, 2011 is in respect of the Appellants preliminary objection against the Respondent??s suit. The second which the Appellant claimed is in a supplementary record is said to be against the Ruling of 28/03/2014 which ordered the setting aside of the 1st Appellant’s congresses held pursuant to the calendar of INEC.

Unfortunately, after a painstaking search of the Registry of this Court, no one could find any Supplementary Record of Appeal by the Appellants or a Notice of Appeal other than the one concerning the Ruling of 24th January, 2012 contained on page 213 of the record of appeal.

Based on the Notice of Appeal filed on 30/1/2012, Appellants filed a brief of argument on 10 – 7 – 2014 and secured the order of this Honourable Court to hear the appeal on the Appellant’s brief alone, the Respondent having failed and/or

neglected to file a brief of argument.

The 1st Appellant is a registered political party in Nigeria with the 2nd Appellant as its national secretary whilst the 3rd to 26th Appellants were at the material time the 1st Appellant’s Osun State executive members.

By originating summons dated 28-10-2011 and filed on 28-10-2011 the Respondent as plaintiff in the Court below posed eight (8) questions for determination and sought ten (10) reliefs as follows:

QUESTIONS FOR DETERMINATION

l. WHETHER by virtue of Article 19(2)(D) of the Labour Party Constitution, 2009 and S.36(1) of the Amended 1999 Constitution the 3rd – 26th Defendants can validly suspend the plaintiff without giving him fair hearing.

2. WHETHER by virtue of Article 19(2)(D) of the Labour Party Constitution, 2009 and S.36(1) of the Amended 1999 Constitution the purported suspension of the plaintiff by the 3rd – 26th Defendants as the Osun State Chairman of the 1st Defendant, on the 30th of September, 2011 is not illegal, unlawful, null and void.
3. WHETHER the 3rd – 26th Defendants are competent and can validly pass a vote of no confidence on the plaintiff as against Article 17

of the Labour Party (LP) Constitution, 2009 which vested such powers to the congress.

4. WHETHER the actions of the Defendants is not an abuse on the Legal rights of the plaintiff as guaranteed by the Article 19(2)(D) and S.36(1) of the Amended 1999 Constitution and of such is unlawful, illegal null and void and of no effect.
5. WHETHER or not the purported suspension of the plaintiff by the 3rd – 26th Defendants is not a breach of the rules of natural Juctice as contained in Article 19(2)(D) of the Labour Party (LP), 2009 and S.36(1) of the Amended Constitution and of such unlawful, illegal, null and void and of no effect.
6. WHETHER or not the 2nd Defendant as the National Secretary of the 1st Defendant has not abused his office and ultra vires his functions by unilaterally confirming the purported illegal and unlawful suspension of the plaintiff vide a letter dated the 14th October, 2011 without due compliance with the provisions of the party Constitution.
7. WHETHER or not the purported election/or appointment of the 3rd Defendant is not a violation of the rules of natural Juctice and provisions of the Labour Party (LP) Constitution, 2009

and of such illegal, unlawful, null and void and of no effect whatsoever.

8. WHETHER or not the purported meeting of 30th of September, 2011 wherein ?a vote of No Confidence was passed on the plaintiff which led to his purported suspension from office as State chairman of Labour Party is not illegal, unlawful, null and void and of no effect whatsoever.

RELIEFS SOUGHT BY THE PLAINTIFF

1. A DECLARATION that the actions of 3rd – 26th Defendants is illegal, unlawful, null and void and of no effect.
2. A DECLARATION that the purported suspension of the plaintiff as the Osun State Chairman of the 1st Defendant on the 30th of September, 2011 is illegal, null and void as it violates Article 19(2XBX2) of the Labour Party (LP) Constitution, 2009 and S.36(1) of the Amended 1999 Constitution.
3. A DECLARATION that the purported vote of No Confidence passed by the 3rd – 26th Defendants is illegal, null and void and of no effect whatsoever as it violates Article 17 of the Labour Party (LP) Constitution, 2009.
4. A DECLARATION that the purported election/or appointment of the 3rd Defendant as the State acting Chairman by the 4th – 26th,

Defendants is illegal, unlawful, null and void and of no effect whatsoever.