Oladimeji Lateef Ajijola V. Hon. Fatima Rasaki & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, C.J.N.

These appeals are against the judgment of the Court of Appeal, Ado Ekiti Division, delivered on the 6th day of December, 2017 between the common appellant and the respondents.

The brief facts of the case is that on 7th day of December, 2014 the 2nd respondent, Peoples’ Democratic Party, conducted primary election for Ekiti Central Senatorial District. The contestants in the election were the 1st respondent, the appellant and two others.

It is the case of appellant that at the conclusion of the election, he was publicly announced as the winner of the election haven polled 108 votes as against the 1st respondent’s 80 votes: that the 3rd respondent (INEC) monitored the said election and confirmed the above result. However, it was the name of the 1st respondent that was forwarded to the 3rd respondent. He contended that 3rd respondent who, despite having kept records of who polled the highest number of votes at the primary election, accepted and listed the name of the 1st respondent on the 13th January, 2015 as the candidate of the 2nd respondent,

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(PDP) for the Ekiti Central Senatorial District general election. Consequently, appellant instituted suit No. FHC/1087/2014: Oladimeji Ajijola vs. PDP & 2 ORS challenging the nomination of the 1st respondent. Upon the preliminary objection filed by the 1st respondent, the trial Court declined jurisdiction and struck out the said suit on the ground that there was no principal relief against the 3rd respondent (INEC).

Appellant thereafter instituted another action suit NO.FHC/AD/CS/16/2015 on the 26th March, 2015 against the respondents.

The 2nd respondent filed a counter affidavit together with a written address while the 1st respondent once again raised a preliminary objection challenging the trial Court’s jurisdiction to hear the suit on the grounds that appellant’s claim was statute barred by virtue of Section 2(a) of the Public Officers Protection Act and that the earlier determined suit No. FHC/AB/CS/1087/2014 constitutes a bar for the appellant to re-litigate the matter (that is he raised the plea of res-judicata)

After due consideration of all the processes filed, the learned trial judge declined jurisdiction and transferred the suit to the High Court of Ekiti State.

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Being dissatisfied with the judgment of the trial Court, the 1st and 2nd respondents filed appeal at the Court of Appeal vide notice of appeal dated 10th August, 2016, consisting of four grounds of appeal, while appellant filed a cross appeal.

On the 6th day of December, 2017, the Court below allowed the appeal of appellants, and set aside the judgment of the trial Court delivered on 6th August, 2015 and the consequential order of transfer of the suit to the High Court of Ekiti State.

Being dissatisfied with the judgment of the Court of Appeal delivered on 6/12/2017, appellant filed a Notice of Appeal on 1/3/2018.

Appellant brief of argument was deemed filed and served on the 31st day of October, 2018 while his reply brief was filed on 29/10/2018 but also deemed filed and served on 31/10/2018.