Ola-animashaun Harimot Olubukola (Mrs) & Anor V. Attorney General Of Lagos State & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the Lagos State High Court sitting at Ikeja and delivered by HON. JUSTICE BOLA OKIKIOLU – IGHILE on the 17th day of December, 2012 wherein the lower Court upheld a preliminary objection and struck out the action of the Appellants for want of jurisdiction.

The Appellants by way of Originating Summons taken out against the Respondents sought answers to certain questions

i. Whether the Lagos State House of Assembly has the power under the Constitution of the Federal Republic of Nigeria 1999 (as Amended), hereinafter referred to as ?the Constitution” to make the Lagos State Independent Electoral Commission Law, 2008 to establish a body (the State Independent Electoral Commission) which has already been established by Section 197(1) (b) of the Constitution with both its composition and powers as stated by Section 197(2), Part II of the Third Schedule to the Constitution.

ii. Whether the Lagos State Independent Electoral Commission (hereinafter referred to as “LASIEC?) has the power under Section 197(2) and Part II, Paragraph 3,

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4(a) and (b) of the Third Schedule of the Constitution to organise and supervise election into Local Government Council Development Areas, as distinct from Local Government Councils/Areas.

iii. Whether there was election conducted into the offices of the Chairman and Vice Chairman of Ikorodu Local Government Council/Area as established by the Constitution and recognized by Sections 9 and 156 of the Electoral Act, 2010.

iv. Whether the election conducted by LASIEC on 22nd October, 2011 into the offices of the chairman and vice chairman of Ikorodu Central Local Council Development Area by virtue of which the 4th and 5th Defendants were elected as chairman and vice chairman respectively is the same as the election required by the provisions of the Constitution and the provisions of the Electoral Act, 2010 to be Ikorodu Local Government/Area as established and recognized by the Constitution.

v. Whether the constitutional right of the Appellants to vote and be voted for at an election to a local government council as guaranteed by the provision of Section 7(4) of the Constitution has not been breached by the failure of LASIEC to conduct election into

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the offices of the chairmen and vice chairmen of Ikorodu Local Government Council/Area as established and recognized by the Constitution and the Electoral Act, 2010.

vi. Whether having regards to the provisions of the Constitution, particularly the provision of Section 1(2), the 4th to 15th Respondents cannot be said to have taken control of the government of Ikorodu Local Government/Area unlawfully and in breach of the provision of Section 1(2) of the Constitution.

The 3rd and 4th – 15th Respondents upon being served with the Originating Summons separately filed Preliminary objections challenging the action for want of jurisdiction. The Preliminary objections were taken jointly and the Court in its combined ruling upheld the objection and struck out the suit. Dissatisfied with the said Ruling, the Appellants filed a Notice of Appeal dated 11th February, 2013 setting out 9 grounds of Appeal and seeking the following reliefs: