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CHIEF PEGBA OTEMOLU v. SENATOR A.M. MAKARFI & ORS

(2017) LPELR-42608(SC)

In The Supreme Court of Nigeria

On Wednesday, the 12th day of July, 2017

SC.128/2017


Before Their Lordships

WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria


Between

CHIEF PEGBA OTEMOLU - Appellant(s)

AND

1. SENATOR A.M. MAKARFI
2. SENATOR BEN OBI
3. PRINCE BIYI POROYE
4. ADEMOLA GENTY
(for themselves and on behalf of the Ondo State Executive Committee of the Peoples Democratic Party)
5. HON OLASOJI ADAGUNODO
6. BOLA JAO LATEEF
(for themselves and on behalf of the Osun State Executive Committee of the Peoples Democratic Party)
7. HON. TAIWO AKEEM
8. HON. ALABA ADELABU
(for themselves and on behalf of the Oyo State Executive Committee of the Peoples Democratic Party)
9. HON BOWALE SOLAJA
10. OTUNBA ADEWALE SEGUN
11. OGUNBIYI ADELEKE OLASUKANMI
12. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
13. PEOPLES DEMOCRATIC PARTY (PDP) - Respondent(s)


Summary

INTRODUCTION:
This appeal borders on Electoral Matters.

FACTS:
This is an appeal against the decision of the Court of Appeal, Abuja Division in Appeal No.CA/A/551M/2016 between: Senator Ahmed Mohammed Makarfi, Senator Ben Obi v. Prince Biyi Poroye & 10 Ors delivered on 23/11/2016.

The appellant had brought an application before the Court of Appeal for leave to appeal as an interested party against the judgment of the Court as it affected him.

The gist of this matter goes thus: The 3rd - 9th respondents, as plaintiffs had commenced an action before the Federal High Court, Abuja by an originating summons on 7/6/2016. They sought a number of declaratory and injunctive reliefs against the 12th & 13th respondents. On the 29th June, 2016 the trial Court delivered its judgment in favour of the 3rd-11th respondents as plaintiffs.

Dissatisfied, the 1st and 2nd respondents appealed to the Court below as interested parties affected by the said judgment of the trial Court. In its judgment, the Court below allowed the appeal in favour of the 1st and 2nd respondents by setting aside the judgment of the trial Court.

The appellant contended that in its judgment, the Court below nullified the primary conducted by the appellant on nomination of candidate for election without affording the appellant the opportunity of being heard. He contended further that even though he was not a party in the process leading to the nullification of the primary conducted by him, and it was never an issue before the trial Court or the Court below. The Court below had suo motu nullified the said primary conducted by the appellant's Executive Committee without hearing from him.


ISSUES:
The appeal was decided on the Appellant sole issue viz:

"Whether the Court below was right to have nullified the primary conducted by the appellant on nomination of candidate for election without affording the appellant the opportunity of being heard contrary to Section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)."



DECISION/HELD:
It was held that the  appeal raised the same issue raised in SC.130/2017  between Prince Biyi Poroye & 8 ors V. Senator A.M. Makarfi & 3 ors , a sister appeal. That the very issue in this appeal  has been thoroughly considered in the sister appeal. The appeal was therefore found to be misconceived, lacking in merits and was dismissed.


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