Peoples Democratic Party V. Obayemi Toyin & Ors (2005)

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FATIMA OMORO AKINBAMI, J.C.A.

This is an appeal against the decision of the Federal High Court II, Ekiti Judicial Division, Ado-Ekiti, presided over by Honourable Justice Taiwo Obayomi Taiwo, delivered on the 4th July, 2016, wherein the Court below granted into all the reliefs/prayers and submissions of the Plaintiff (hereinafter referred to as 1st Respondent in this appeal).

The Appellant, dissatisfied with the decision, promptly filed a notice of appeal containing 6 grounds of appeal against the judgment on 10th day of July 2016.

BACKGROUND FACTS

By Originating Summons dated and filed on the 10th of April 2015 and later amended on 30th March, 2016, pursuant to Order of the Court below, the 1st Respondent at pages 96-255 of the record approached the lower Court for the determination of the following questions and reliefs as set below:

I. Whether the judgment in Suit No: FHC/AD/CS/17/15 having been procured by fraud is not liable to be set aside by this Honourable Court.

II. Whether by virtue of the combined provision of Section 31 (5) & (6) of the Electoral Act 2010 (as

amended) the 1st Defendant was not bound to disqualify the 2nd Defendant as the candidate of the 3rd Defendant for Ado-Ekiti Constituency 1 of Ekiti State.

III. Whether by virtue of Paragraph (32)(d) of the Electoral guidelines for primary election 2014 of the Peoples Democratic Party and Section 66(1)(i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 4th Defendant is eligible to contest the Ado-Ekiti Constituency 1 in the Ekiti State House of Assembly.

IV. Whether by virtue of the provisions of Section 66(1)(i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 2nd Defendant is disqualifies as the candidate of the 3rd Defendant to contest for the House of Assembly election in Ado-Ekiti Constituency 1 of Ekiti State in the 2015 State House of Assembly Election.

V. Whether the 4th Defendant who did not obtain any form to contest or participate in the primaries of the 3rd Defendant in Ado-Ekiti Constituency 1 of Ekiti State except being an agent of the 2nd Defendant at the primaries of the 3rd Defendant held on 29th November, 2014 in contravention of Sections 31 and 87 of the Electoral Act,

2010 (as amended) is not disqualified to contest for Ado-Ekiti Constituency 1 of the Ekiti State House of Assembly in 2015 House of Assembly Election.

VI. Whether the 2nd Defendant is eligible to contest election into the Ekiti State House of Assembly Election having supplied false information to the 1st Defendant in INEC form CF. 001 and/or affidavit in support of personal particulars deposed to by him and fake West African Examination Council result submitted by him to the 1st Defendant contrary to S. 31(2) and (5) of the Electoral Act 2010 (as amended).

VII. Whether pursuant to paragraph 32(d) of 3rd Defendants Electoral guidelines for primary elections 2014 and the provisions of Section 31(5) and (6) of the Electoral Act 2010 (as amended), the Plaintiff should not be declared the candidate of the 3rd Defendant to contest for the House of Assembly Elections being the sole candidate of the 3rd Defendant having polled the highest number of valid vote cast in the primary election conducted by the 3rd Defendant, in view of the provision of Section 87 of Electoral Act 2010 (as amended).