Hon. Sumbo Olugbemi V. Hon. Olujide Adewale Lawrence & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal Ibadan Division or Court below or Lower Court, Coram: Monica B. Dongban-Mensem, Modupe Fasanmi, Chinwe Eugenia Iyizoba JCA with Fasanmi JCA delivering the lead judgment on the 28th day of October, 2016.

The appellant being dissatisfied with the said judgment filed an appeal to this Court vide his Notice of Appeal of two grounds.

FACTS BRIEFLY STATED:

The 1st respondent filed an action before the Federal High Court, Ibadan on the 24th day of October, 2014 wherein he sought two declaratory reliefs and five ancillary orders. The pleadings and claims of the 1st respondent as plaintiff are as contained in the Writ of Summons and Statement of Claims in the said pleadings to throw light into what are at stake, thus:-

i. A DECLARATION that the plaintiff is the duly elected flag bearer of the 2nd defendant for February, 2015 general elections into the House of Representatives to represent Oluyole Federal Constituency Ibadan, Oyo State having polled the majority of lawful votes cast at the primary

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election conducted by the 2nd defendant on the 7th day of December, 2014, and was so declared the winner.

ii. A DECLARATION that the nomination of the 1st defendant as the 2nd defendant’s candidate or flag bearer for the February, 2015 general elections for the seat of the member of House of Representative to represent Oluyole Federal Constituency is ultra-vires, null and void,

iii. AN ORDER nullifying the nomination of the 1st defendant and the substitution of the plaintiff by the 2nd defendant as its candidate for the representative representing Oluyole Federal Constituency, Ibadan.

iv. AN ORDER directing the 2nd and 3rd defendants to forthwith accord the plaintiff his due recognition as their flag bearer for February 2015 general election into the House Representatives to represent Oluyole Federal Constituency, Ibadan.

v. AN ORDER of perpetual injunction restraining the 2nd and 3rd defendants from recognizing, acting or doing anything in recognition of the nomination and selection of the 1st defendant as the 2nd defendants candidate for the forthcoming February, 2015 elections into the House of Representatives to represent Oluyole Federal

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Constituency, Ibadan, Oyo State.