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CaseLaw

O.S.I.E.C. V. AC (2010) CLR 12(L) (SC)

Judgement delivered on December 17 2010.

Brief

  • Nature of appeal
  • Finding of fact
  • Ag Abia v AGF
  • Local Government Council election
  • Conduct of election
  • Nullification of election
  • Estoppel by standing by
  • Covering the field

Facts

On 5th November 2007, the 1st appellant published a notice in a newspaper, the Nigerian Tribune, that it would conduct an election into the Local Government Councils in Osun State on 15th December, 2007.

The 1st - 3rd respondents were aggrieved by the length of the notice given for the then planned election. Consequently, they sued the 1st and 2nd appellants at the High Court as 1st and 2nd defendants respectively.

AThe 1st - 3rd respondents commenced their suit by originating summons, and in it, they sought the following reliefs:

  • 1
    A DECLARATION that by the combined provisions of paragraphs 11 and 12 of second schedule to the 1999 Constitution and section 12 of the Electoral Act, the National Assembly has powers to make laws with respect to registration of voters and the procedure regulating elections to Local Government Councils.
  • 2
    A DECLARATION that section 10 of the Electoral Law of Osun State which stipulated 21 days’ notice of the date of election into local governments in Osun State is null and void as it is inconsistent with section 31. Electoral Act, 2006 which provides 150 days’ notice of election date which forms part of the procedure for the conduct of elections into the Local Government Councils.
  • 3
    A DECLARATION that the Osun State Independent Electoral Commission cannot validly conduct Election into the 30 Local Government Councils in Osun State without giving 150 days mandatory notice of poll to the plaintiffs in accordance with section 31 and 121 of the Electoral Act, 2006.
  • 4
    AN ORDER compelling the 1st defendant to give statutory notice of election to plaintiffs as prescribed under section 31 of the Electoral Act.
  • 5
    AN INJUNCTION restraining the 1st defendant, its agents, servants, officers, privies, assigns and or howsoever called from giving effect to or implementing the provisions of section 10 of the Osun State Electoral Law of 2002.
  • 6
    AN INJUNCTION restraining the 1st defendant from conducting any Election into the Local Government Council in Osun State on the basis of section 10 of the Osun State Electoral Law of 2002."

    • The 1st - 3rd respondents filed an affidavit in support of their originating summons and they attached a copy of the notice published by the 1st appellant as exhibit "A". It was the case of the 1st - 3rd respondents that they ought to have been given 150 days’ notice of election into the Local Government Councils and that they ought to have been given 120 days before the election for them to file nomination of their candidates.

    The 1st and 2nd appellants filed a counter-affidavit in which it was deposed that the 1st appellant had given the 1st - 3rd respondents adequate notice of the election because it gave a general notice of same to all political parties in May 2007 and posted the notice on its notice board.

    The High Court heard the parties and on 14th December, 2007, delivered its judgment. It granted the first relief sought by the 1st - 3rd respondents but refused to grant the other reliefs.

    On 15th December, 2007, the 1st appellant conducted the election to the Local Government Councils...

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