Mr. Salako Dave Oladapo v. Barrister Ajibola Kalejaye & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal, Ibadan Judicial Division, delivered on 3rd day of February, 2023 wherein the court below affirmed the judgment of J. O. Abdulmalik, J of the Federal High Court of Nigeria, sitting at Abeokuta in suit No. FHC/AB/CS/113/ 2022 delivered on 30th November, 2022.

A summary of the facts of the case giving rise to the appeal are that the appellant and the 1st respondent participated in a parallel primary election conducted by the 3rd respondent on 23rd May, 2022 but at different venues, to nominate the candidate for Ogun East Senatorial District.

The appellant claimed to have won the primary election held at Adeola Odutola Hall, No. 1, Degun Street, Ijebu Ode while the 1st respondent stated that he won the primary election held at New Era Event Centre, Ijebu Ode only for the 3rd respondent to issue certificate of return to the appellant on 8th June, 2022. The 1st respondent commenced an action vide an originating summons on 17th June, 2022 wherein he posed the following questions for determination:

“(1) Whether the plaintiff having won the primary election of Ogun East Senatorial District of the 2nd defendant is entitled to receive the certificate of return which was to be issued on 8th June, 2022.

(2) Whether the issuance of certificate of return to the 3rd defendant on 8th June, 2022 is not a clear contravention of the provision of the Electoral Act and in particular section 84(5)(c)(ii) of the Electoral Act, 2022.”

Upon the determination of the above questions, he sought the following reliefs:

(1) A declaration that the plaintiff having been declared winner of the primary election conducted by the 2nd defendant in respect of Ogun East Senatorial District on 23/5/2022 is the one entitled to receive the certificate of return on 8th June, 2022.

(2) A declaration that the presentation of the certificate of return to the 3rd defendant on 8th June, 2022 over the Ogun East Senatorial primary election is illegal, null and void and a clear contravention of section 84(5)(c)(ii) of the Electoral Act, 2022.

(3) An order withdrawing the certificate of return purportedly issued to the 3rd defendant.

(4) An order directing the 2nd defendant to issue to the plaintiff the certificate of return over the Ogun East Senatorial primary election having won the primary election conducted on 23rd of May, 2022 in accordance with section 84(5)(c)(ii) of the Electoral Act, 2022.

(5) An order directing the 2nd respondent to forward the name of the plaintiff to the 1st respondent as the candidate to represent the 2nd defendant to contest the election for the Ogun East Senatorial District in the 2023 general elections with section 84(5)(c)(ii) of the Electoral Act, 2022.

(6) An interlocutory injunction restraining the 2nd defendant from forwarding the name of the 3rd defendant as the candidate to represent the 2nd defendant in the forthcoming general elections for the Ogun East Senatorial District to be held in 2023.

(7) An order restraining the 1st defendant, its servants, agents, privies or otherwise howsoever called from recognizing the 3rd defendant as the flag bearer of the 2nd defendant in the forthcoming 2023 general election to represent the 2nd defendant in the Ogun East Senatorial election.