Appeal court throws out Hon Olugbemi’s application

JUSTICE Chinwe Eugenia Iyizoba of the Court of appeal sitting in Ibadan has ruled that the application filed by Hon Sumbo Olugbemi, the member representing Oluyole Federal constituency at the House of Representatives, to contest the ruling of Justice Ayo-Emmanuel of the Federal High Court sitting in Ibadan on an election petition as unmeritorious and has awarded a cost of N100, 000 against him
Hon. Olujide Adewale had filed a matter delineated FHC/IB/CS/101/2014 before the federal High Court asking the court to declare that he is the legal flag bearer of the All Progressive Congress party having vied for the position and won in a primary election conducted by the party.

But Hon Olugbemi had asked the court to dismiss the suit for lack of jurisdiction on the ground that Hon Adewale failed to exhaust the internal administrative dispute resolution procedures of the 2013 constitution of the party.

But the court did not rule in his favour and he had gone to the court of appeal in an application delineated CA/IB/429/2017, asking the court to determine whether the action of Hon Adewale is premature in relation to the provisions of the constitution of the APC and whether the Federal High court was right in holding that an aggrieved party member has the right to approach the court to have his grievances redressed without subjecting to the party’s dispute resolution mechanism.

At the end of its sitting, the Court of Appeal panel held that the issue raised in the appeal has long been settled in many decided authorities, adding that Hon Olugbemi’s counsel, Kazeem A. Gbadamosi ESq. is aware of the Section 87(9) of the Electoral Act which provides that notwithstanding the provisions of the Act or rules of a political party, an aspirant who complains that the guidelines of a political party have not been complied with in the selection or nomination for election may apply to the Federal High Court for redress.

“The provision is clear and unambiguous. The learned trial judge was right in holding that by virtue of Section 87(9) of the Electoral Act, the first respondent has a right to approach the court of law to have his grievances redressed without necessarily subjecting himself to the party’s dispute resolution mechanism. The applicant’s sole issue is resolved against him.

“Learned counsel to the respondent had in his brief argument catalogued carefully and meticulously the steps taken by the applicant to delay the trial of this suit in ensuring that the four-year term would expire before its determination,” the judge stated.

The court held that this is a common occurrence in the society and matter of grave concern that encouraged rigging and malpractices in elections, adding that politicians have the attitude of winning election at all cost and allows the loser to go to court with the knowledge that they could manipulate the trial to ensure they tenure would be over before the suit is determined.

“In the final result, I hold this appeal is unmeritorious. It is hereby dismissed. The ruling of the Federal High Court Ibadan, Coram Ayo-Emmanuel J in Suit No FHC/IB/CS/101/14 is upheld. The suit is remitted back to the trial court with an order for accelerated hearing. The attention of the judge is drawn to Order 29 Rule 4(a) and (b) and Order 5 of the Federal High Court (Civil Procedure) Rules 2009,” the court ruled.

The court further assessed a cost of N100, 000 against Hon. Olugbemi in favour of Hon. Adewale