LawPavilion Online


Back

HON. BAYO ADEGBOLA v. HON. GODWIN OSIYI & ORS

(2017) LPELR-42471(SC)

In The Supreme Court of Nigeria

On Friday, the 2nd day of June, 2017

SC.1005/2016


Before Their Lordships

WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

HON. BAYO ADEGBOLA - Appellant(s)

AND

1. HON. GODWIN OSIYI
2. PEOPLES DEMOCRATIC PARTY (PDP)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) - Respondent(s)


Summary

INTRODUCTION:
The appeal borders on service of Court processes.

FACTS:
The appeal arose against the judgment of the Court of Appeal, Abuja Division, affirming the ruling of the Federal High Court sitting at Lokoja.

The 2nd respondent's primary election for the nomination of its Ogori/Magongo Kogi State Constituency candidate in the 11th April, 2015 House of Assembly General Elections, eventually held on 11th December 2014. With the victory of the 1st respondent at the primary election, the 2nd respondent forwarded his name to the 3rd respondent, the Independent National Electoral Commission, as the party's candidate in respect of the Ogori/Magongo State Constituency in the forthcoming House of Assembly General Election.

Aggrieved by this turn of events, the appellant, by way of an originating summons at the trial Court, challenged the nomination of the 1st respondent as the 2nd respondent's candidate at House of Assembly election in respect of the Ogori/Magongo State Constituency.

In addition to contesting appellant's claim, the 1st respondent by way of preliminary objection challenged the competence of the suit. In its ruling, the trial Court sustained the objection and struck out the suit for want of jurisdiction. Dissatisfied, the appellant appealed against the ruling at the Court of Appeal, Abuja Division. In a considered judgment, the Court sustained the trial Court's decision and dismissed appellant's appeal. The appellant appealed against the judgment of the Court of Appeal.

The 1st respondent issued a notice of preliminary objection against the competence of the appeal and sought the following:
"1. An order striking out this appeal, the Appellant having failed to serve the Notice of Appeal on the 1st respondent as required by the Rules of this Court.
2. An order striking out this Appeal for want of jurisdiction as the Appellant's Notice of Appeal filed is defective and incompetent having failed to state the address of the parties interested in the appeal as mandatorily required by the Supreme Court Rules.
3. An order striking out Grounds 1, 2, 5 and 6 of the Notice of Appeal."


ISSUES:
The Court considered whether or not the 1st respondent was served with the notice of appeal as required by the Rules and the consequences of non-service of the originating process.

DECISION/HELD:
The preliminary objection was sustained and the appeal was struck out.


Read Full Judgment