Prince Olagunsoye Oyinlola V. Chief (Engr.) Adebayo Dayo & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering The Leading Judgment)

Prince Olagunsoye Oyinlola is the appellant in this appeal, Chief (Engineer) Adebayo Dayo is the 1st Respondent while Alhaji Semiu Sodipo is the 2nd Respondent. The Peoples Democratic Party is the 3rd Respondent and the 4th Respondent is the Independent National Electoral Commission. The 1st and 2nd Respondents took out an Originating Summons.

“For and on behalf of the officers of the Ogun State Executive Committee of the Peoples Democratic Party” before the Federal High Court Abuja on 13th day of August, 2012 in Suit No.FHC/ABJ/504/2012 in which the 1st respondent was described as the Chairman and 2nd respondent, the Secretary of the Ogun State Executive Committee of the Party, a political party registered under the Constitution of the Federal Republic of Nigeria, 1999 by the 4th respondent. The 1st and 2nd respondents sought in the Court below the determination of the following questions, namely:

“1. Whether the candidacy of the 1st Defendant as a nominee of the South West Zonal Chapter of the 2nd Defendant and his consequent election to the office of National Secretary of the 2nd Defendant, at the National Convention of the 2nd Defendant in March, 2012, were not invalid, null and void by reason of the order and judgment of the Federal High Court made respectively on the 27th of April, 2012 in Suit No.FHC/L/CS/282/2012 and 2nd May, 2012 in Suit No.FHC/L/CS/347/2012 nullifying the South West Zonal Congress of the 1st Defendant conducted in March, 2012 from which the 1st Defendant emerged or ought to have emerged.

2. Whether the candidacy of the 1st Defendant for and his consequent election to the position of National Secretary of the 2nd Defendant, at the National Convention of the 2nd Defendant in March, 2012, were not invalid, null and void by reason that he was not a valid nominee of the South West Zone of the 2nd Defendant to which the position had been zoned in accordance with the Constitution of the Party.
3. Whether the candidacy of the 1st Defendant for the position of National Secretary of the 2nd Defendant and his consequent election to that position at the National Convention of the 2nd Defendant in March, 2012 were not invalid, null and void in the combined circumstances of the order and judgment of the Federal High Court made respectively on the 27th of April, 2012 in Suit No.FHC/L/CS/282/2012 AND 2nd May, 2012 in Suit No.FHC/L/CS/347/2012, the provisions of the Constitution of the 1st Defendant for zoning of party offices, enforcement of the zoning policy of the 1st Defendant and the provisions of Section 223 of the Constitution of the Federal Republic of Nigeria, 1999.”

The respondents jointly sought declaratory reliefs in respect of Suit No.FHC/L/CS/282/2012 to wit:

“1. A DECLARATION that the candidacy of the 1st Defendant as a nominee of the South West Zonal Chapter of the 2nd Defendant and his consequent election to the office of National Secretary of the 1st Defendant, at the National Convention of the 1st Defendant in March, 2012, were invalid, null and void by reason of the order of the Federal High Court made on the 27th of April, in Suit No.FHC/L/CS/282/2012 nullifying the South West Zonal Congress of the 2nd Defendant conducted in March, 2012 from which the 1st Defendant emerged or ought to have emerged.

2. A DECLARATION that the candidacy of the 1st Defendant for and his consequent election to the position of National Secretary of the 2nd Defendant, at the National Convention of the 2nd Defendant in March, 2012 were invalid, null and void by reason that he was not a valid nominee of the South West Zone of the 2nd Defendant to which the position had been zoned in accordance with the Constitution of the Party.
3. A DECLARATION that the candidacy of the 1st Defendant for the position of National Secretary of the 2nd Defendant and his consequent election to that position at the National Convention of the 2nd Defendant in March, 2012 were invalid, null and void in the combined circumstances of the order of the Federal High Court of 27th April, 2012 in Suit No.FHC/L/CS/282/2012, the provisions of the Constitution of the 2nd Defendant for zoning of party offices, enforcement of the zoning policy of the 2nd Defendant and the provisions of Section 223 of the Constitution of the Federal Republic of Nigeria, 1999.
4. AN ORDER of this honourable Court removing the 1st Defendant from the office of National Secretary of the 2nd Defendant.
5. AN ORDER of this honourable Court directing the 3rd Defendant to rectify the records of the 2nd Defendant by deleting the name of the 2nd Defendant as the National Secretary of the 2nd Defendant and replacing same in accordance with the provisions of the Constitution of the 1st Defendant with a candidate nominated at a valid congress of the South West Zonal Chapter of the 1st Defendant and this within 21 days of the order of the Court.”

Preliminary objection to the hearing of the Originating Summons by the lower Court on grounds of lack of jurisdiction was raised by the appellant and the 3rd respondent. On the 11th day of January, 2013 his Lordship, A. Abdu-Kafarati, J; dismissed same, holding that the Federal High Court had the jurisdiction to entertain the Originating Summons, and same did not constitute an abuse of Court process. His Lordship proceeded to hear the summons on the merit before granting reliefs to the 1st and 2nd respondents now the subject of this appeal.

Being aggrieved by the judgment the appellant filed two Notices of Appeal. The first was dated 14th day of January, 2013. The appellant withdrew this Notice of Appeal on 10th October, 2013 when this appeal came up for hearing and it was struck out. The appellant relied on the Notice of Appeal dated 21st, January, 2013 and adopted the brief filed on 6th day of March, 2013 when the appeal came up for hearing. The 1st and 2nd respondents adopted their brief dated 3rd day of June, 2013 but filed on 14th day of May, 2013 with a deeming order of 30th September, 2013. This prompted the learned silk appearing for the appellant to file a reply Brief dated 4th day of October, 2013 deemed on 7th October, 2013. The 3rd respondent’s Counsel adopted the brief dated 22nd day of April, 2013 but filed on 29th April, 2013 with a deeming order made on 30th September, 2013. The 4th respondent’s brief dated 26th day of June, 2013, filed on 27th June, 2013 was also adopted. I shall set out the facts that led to the institution of the Originating Summons in the Court below by the 1st and 2nd respondents. They are garnered from the affidavit and documentary exhibits accompanying the originating summons.

The Chapter of the South West Zone of the Peoples Democratic Party held a Zonal Congress in Osogbo, Osun State on 21st March, 2012 for the purpose of electing Zonal officers, one of whom would be presented as a candidate at the party’s National Convention for appointment as National Secretary of the Party to be held on the 24th day of March, 2012. The Zonal Convention was accordingly held. While some officers were hand picked by the hierarchy of the party others were elected. The 1st and 2nd respondents, aggrieved by the exercise, instituted two separate actions by way of originating summons before the Federal High Court, Lagos, in Lagos State. The first was Suit No.FHC/L/CS/282/2012 and the parties were:

“1. Chief Dayo Soremi

2. Engr. Bayo Dayo
3. Hon. Taiwo Abisekan (Applicants)

(For and on behalf of the officers of the Harmonized Executive Committee of the Peoples Democratic Party in Ogun State)

AND:

1. Peoples Democratic Party
2. Alhaji Abubakar Kawu Baraje
3. Alhaji Tajudeen Oladipo
4. Mr. Uche Secondus
5. Mr. Olusola Oke
6. Prof. Rufai Ahmed Alkali.” (Respondents)

The appellant was not a party in this suit. In the second summons, namely, FHC/L/CS/347/2012 the parties were:

“1. Chief (Engr.) Adebayo Bayo