Oguche Sunday Oliver V. Kogi State Independent Electoral Commission & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

ABDU ABOKI, J.C.A.

This Appeal is against the Ruling of the High Court of Justice sitting at Okpo in Kogi State delivered by Hon. Justice A. O. Salihu.

The Brief fact of this case is that the Appellant and the 3rd Respondent are members of the Peoples Democratic Party (PDP) the 2nd Respondent which is one of the parties that participated in the election in Kogi State and they are both from Olamaboro Ward II.

The Appellant alleges that barely four days to the Election, his name was purportedly substituted with the name of the 3rd Respondent who was earlier disqualified by the 2nd Respondent. Hence on 18/7/2008, he instituted an action at the Lower Court to challenge the said substitution vide the Writ of Summons Statement of Claim and other originating processes; while the case was pending in the Lower Court, the Election was held, the 2nd Respondent won the election and the 1st Respondent declared the 3rd Respondent the elected candidate on the platform of the 2nd Respondent and was Sworn in as Councilor representing Olamaboro II Constituency, Kogi State in disregard of the pending suit

On 8/10/2008, the 1st Respondent filed a Notice of Preliminary Objection challenging the competence of the entire suit and the jurisdiction of the Lower Court to entertain same. Similarly on 4/11/2008, the 2nd and 3rd Respondents filed their Preliminary Objection, The Preliminary Objections were upheld by the Lower Court. The Appellant being dissatisfied with the said Ruling filed this Appeal. Parties have exchanged their Briefs.

In the Appellant’s Brief of Argument dated and filed 4/3/2009, four issues were distilled for the determination of this Appeal and they are as follows:-

“(i) Whether the Supreme Court decision in AMECHI v. INEC and the provisions of the Electoral Act, 2006 are applicable to the instant case (distilled from Ground one).

(ii) Whether the Appellant has the locus standi in commencing the action at the lower Court (distilled from Ground two).

(iii) Whether the purported substitution of the Appellant with the 3rd Respondent by the 2nd Respondent after the name of the Appellant was submitted to the 1st Respondent, is an intra party dispute to be determined by only the Rules and Constitution of the Political Party and not justiciable in the Court (distilled from Grounds three and four).

(iv) Whether the circumstances of this case justifies the invocation of Sections 16 and 27 of the Court of Appeal Act 1990 in this appeal, to receive evidence and grant the Appellant’s relief (distilled from Sections 16 and 27 of the Court of Appeal Act 1990).

The 1st Respondent in its Brief of Argument dated 3/4/2009 and filed on 6/4/09, also distilled four issues for the determination of this Appeal. They are as follows:-

“(i) Whether the facts and principles in the case of Amechi vs. INEC & 2 Ors (2008) 5 NWLR (part 1089) 1 and the provisions of section 34 of Electoral Act 2006 are on all fours with the instant case and therefore applicable (distilled from Ground 1).

(ii) Whether the Appellant who was not the nominated and sponsored candidate of the 2nd Respondent has locus standi to commence this action before the trial Court (distilled from Grounds 2).

(iii) Whether nomination and sponsorship of a candidate is a domestic matter which the party has the absolute power to resolve and therefore not justiciable in the Court of law (distilled from Grounds 3 & 4).