The Supreme Court on Monday affirmed the judgement of the Court of Appeal, Abuja Division which reversed an earlier judgment of the Federal High Court, in favour of a factional governorship candidate of the Peoples Democratic Party (PDP) in Ogun State, Oladipupo Adebutu.
The apex court, in a unanimous judgement delivered by Justice Ibrahim Saulawa affirmed the decision of the Appellate court directing the Federal High Court to hear the suit afresh on its merit.
According to Justice Saulawa, “The findings of the court below, are in view cogent and relevant to this case, against the backdrop, this appeal is resolved against the appellant. The appeal failed and is hereby dismissed”.
The apex court then affirmed the judgement of the Court of Appeal delivered on 30th October, in respect of the matter, which set aside the earlier judgement of the trial court.
The court also affirmed the consequential order of the Appellate court remitting the suit to any other judge of the Federal High Court, apart from Justice Taiwo Taiwo to me heart on merit.
According to Justice Saulawa in the unanimous judgement of the apex court, the trial Judge ought to have taken the substantive matter and the preliminary objection at the same time since it is a pre-election matter, which is time bound.
He added that, the court has the duty to protect the honour and integrity of the Judiciary.
A three-member panel of Justices of appellate Court held that the trial Judge, Justice Taiwo Taiwo was wrong to have declined jurisdiction to entertain a suit by Jimi Adebisi Lawal, where-in he challenged the PDP’s utilisation of a delegates’ list, in the conduct of the governorship primary election on May 25, 2022 as against the list of delegates, who were democratically elected for that purpose at the ward congresses.
Delivering the lead judgment of the Court of Appeal, Justice Biobele Georgewill held that the issue in the case is pre-election related, over which the Federal High Court has jurisdiction and proceeded to make an order remitting the case to the Chief Judge of the Federal High Court for the hearing of the case on its merit.
He held that since the trial court failed to decide the suit on its merit and the period of 180 days, for determination of pre-election cases, is still running, suit should be remitted to the Chief Judge of the Federal High Court for prompt assignment to another judge for trial.
Other members of the panel, Justices M. Mustapha and Danlami Senchi agreed with the lead judgment.
Two factions of the PDP had conducted parallel primaries that produced Adebutu and Segun Sowunmi as candidates of the party in the 2023 governorship election.
The primary that produced Sowunmi, which was held at the secretariat of the Nigeria Union of Journalists (NUJ) in Abeokuta, the state capital, was said to have been monitored by officials of the Independent National Electoral Commission (INEC) and members of the Inter-Party Advisory Council of Nigeria (IPAC).
However, the primary that produced Adebutu, a former member of the House of Representatives, was held at the Olusegun Obasanjo presidential library in the state capital.
Lawal had subsequently approached the court to contest the delegate list that Sikirulahi Ogundele’s faction of the party used during the primary which produced Adebutu.
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