Tajudeen Olabisi Abioye v. Hon. Tijjani Kayode Ismail & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

AMINA ADAMU AUGIE, JSC (Delivering the leading judgment)

The appellant and first respondent were among the aspirants that contested the Primaries conducted by the second respondent for the Ifelodun/Offa/Oyun Federal Constituency on 27/5/2022, which was monitored by third respondent. In its report, the third respondent listed the nine contestants, and stated thus:

Winner emerged immediately after the counting. Hon. Tijani Kayode Ismail won having scored the highest total number of 87 votes.

While waiting for his nomination as the candidate of the party, first respondent heard about the moves being made to disregard the outcome of the primaries and sponsor the appellant, who scored 52 votes, as the candidate of the party.

His solicitors wrote a letter dated 31/5/2022 and titled notice of rejection of planned rerun primaries to the Party’s National Chairman, part of it reads:

It is our client’s position that he emerged a clear winner in the primaries and a rerun Primary Election is most unwarranted and in breach of section 84(5)(c)(ii) and (13) of the Electoral Act, 2022.

Our client rejects entirely the purported plan by APC to conduct a rerun primary election in his constituency and states categorically that he will not participate in any such unlawful primaries as he has already emerged as a clear winner.

Be it known that if the party attempts or proceeds to conduct the rerun primary election, our client will have no choice than to immediately approach the court to seek appropriate redress against the APC and every other participant in the flawed process as allowed by section 84(14) of the Electoral Act.

When the second respondent failed to recognize him as its party’s candidate, and also refused to process his name for nomination to the third respondent, first respondent carried out his threat to seek redress in court and took out an originating summons at the Federal High Court in which he prayed the court to determine two questions, upon which he predicated seven reliefs, including:

A declaration that having won the 1st defendant’s Primary Election for Ifelodun/Offa/Oyun Federal Constituency of Kwara State held on 27/5/2022 the plaintiff has become the candidate of the 1st defendant, APC, to be nominated and sponsored for the 2023 general election to Ifelodun/Offa/ Oyun Federal Constituency in the House of Representatives.

In addition to the various processes filed by the parties in relation to the suit, the appellant, who was the third defendant, also filed a notice of preliminary objection challenging the competency of the suit on the following five grounds:

1. The narrow compass of cause of action cognizable under section 84(14) of the Electoral Act, 2022, is limited to complaints of non-compliance by a political party with the provisions of section 84(14) and/or political party Constitution and guidelines for primaries or selection or nomination of candidates or Elections to be conducted by INEC.
2. The plaintiff’s suit does not complain of any non-compliance by the 1st defendant with the provisions of section 84(14) of the Electoral Act, 2022 and/or its Constitution and guidelines for primaries or selection or nomination of candidates Ifelodun/Offa/Oyun Federal Constituency held on 27/5/2022.
3. The suit does not disclose a reasonable cause of action known to or cognizable under section 84(14) of the Electoral Act, 2022.
4. Premised on paragraphs 1, 2 and 3 above, the court lacks jurisdiction to entertain this suit.

5 The suit is liable to be struck out or dismissed for non-disclosure of cause of action under section 84(14) of the Electoral Act, 2022.

In his judgment of 28/9/2022, the learned trial Judge, Sani, J., mentioned that:

When this matter came up for hearing on 26/8/2022 the court considered it desirable to take the substantive originating summons along with the issue of jurisdiction filed by 3rd defendant, as so doing is generally agreed to be neater, better and quicker. Kindly see Senate President v. Nzeribe (2004) 9 NWLR (Pt. 878) 251, Dapialong v. Dariye (2007) 8 NWLR (Pt. 1036) 332.