Whether the Provisions of the Electoral Act 2010 Apply to Local Government Elections

CASE TITLE: OSIEC v. SAMUEL & ORS (2023) LPELR-59933(CA)

JUDGMENT DATE: 2ND MARCH, 2023

PRACTICE AREA: ELECTORAL MATTERS

LEAD JUDGMENT: AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.

SUMMARY OF JUDGMENT: 

INTRODUCTION:

This appeal examines the position of the law as regards the justiciability of local government election matters predicated upon the Electoral Act.

FACTS:

The appeal is against the judgment of the Osun State High Court (trial Court) in Suit No. HIL/121/2017.

The 1st Respondent as plaintiff before the trial Court instituted the said Suit against the Appellant and 6 other Defendants. The Appellant was the 5th Defendant in the case before the trial Court; while the 2nd – 5th Respondents herein, were the 1st – 4th Defendants in the said case.

The claims of the 1st Respondent in his amended statement of claim are amongst others, as follows:

“1. A DECLARATION that the plaintiff is the authentic councillorship candidate for the 2nd Defendant representing Ward 6, llesa East Local Government Area of Osun State in the forthcoming Local Government Election in Osun State having been validly elected in the primary election held on the 14th day of November, 2017.

2. A DECLARATION that the 2nd, 3rd and 4th Defendants have no power whatsoever to substitute the name of the Plaintiff with that of the name of the 1st Defendant as Councillorship Candidate for the 2nd Defendant representing Ward 6, llesa North East Local Council Development Area of Osun State in the forthcoming Local Government Elections in Osun State, the Plaintiff having being validly elected in the primary elections held on the 14th day of November, 2017″.

The Appellant entered conditional appearance to the suit on 4/2/2019 and also filed a statement of defence on the said 4/2/2019.

In its judgment, the trial Court having set out the claims of the 1st Respondent upon his amended statement of claim; a summary of the evidence adduced before it; and having shown that it had the benefit of the written addresses of the 1st Respondent and Appellant held in favour of the 1st Respondent. 

Aggrieved by the decision of the trial Court, the Appellant initiated the instant appeal.

ISSUES:

The issue for determination was:

“Whether this appellate Court has jurisdiction to hear and determine this appeal in view of the law that establishes Local Government Election Petition Tribunal and the Osun State Independent Electoral Commission Law.”

DECISION/HELD:

In the final analysis, the appeal was struck out as the Court lacks the jurisdiction to entertain the same.

RATIOS:

• ELECTORAL MATTERS – NOMINATION AND SPONSORSHIP OF CANDIDATE: Whether a court has jurisdiction as it relates to the issue of nomination of candidates for an election; exception thereto
• ELECTORAL MATTERS – ELECTION: Whether the provisions of the Electoral Act 2010 apply to Local Government Elections
• ELECTORAL MATTERS – JURISDICTION: Whether the High Court and the Court of Appeal in its appellate jurisdiction has jurisdiction to adjudicate over local government election matters predicated upon the provision(s) of the Electoral Act; proper order the Court should make in such instance
• ACTION – APPLICABLE LAW TO A SUIT: What is the applicable law to a cause of action/suit

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