Judgment
BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): In this appeal, the Appellant is challenging the judgment of the Federal High Court, Abuja Division delivered by Hon. Justice Taiwo O. Taiwo on 29/7/2022 in Suit No. FHC/ABJ/CS/773/2022: Mr. Jimi Adebisi Lawal V.
Peoples Democratic Party & Ors, wherein the Appellant’s Suit was dismissed for being incompetent as arising from the internal affairs of the 1st Respondent, PDP over which the lower Court had no jurisdiction. The Appellant filed two Notices of Appeal on 5/8/2022 and 11/8/2022 respectively at pages 4258 – 4266 and 4266 – 4280 in Volume 8 of the Records of Appeal, but relied on the latter Notice of Appeal filed on 11/8/2022 for the arguments in this appeal. The Records of Appeal in 8 Volumes were duly transmitted to this Court on 24/8/2022.
The parties filed and exchanged their respective briefs and at the hearing of the Appeal on 27/9/2022, the Appellant was represented by Chief Kanu G. Agabi SAN and Ola Olanipekun SAN with Chika Odoemene Esq and Mary Francis Orji Esq. The 1st and 3rd Respondents were represented by Chief Chris Uche SAN and Goddy Uche SAN with Marvel Akpoyibo Esq., (DIG Rtd.) and Ehi Uwai ESq. The 2nd Respondent, though duly served with the processes in this appeal as well as hearing notice on 26/9/2022, neither filed any brief nor participated at the hearing of this appeal.
By an Originating Summons filed on 2/6/2022, the Appellant as Claimant had commenced an action against the Respondents as Defendants seeking the determination of the following questions, namely: 1.
Upon the construction of Section 84(1)(2)(5)(b) & (8) of the Electoral Act, 2022, Article 25(1)(L) & (2)(C) of the Constitution of the Peoples Democratic Party 2012 (as amended) and the Directive of the 1st Defendant dated 20/5/2022, whether the 1st Defendant was not bound to nominate its Ogun State Governorship Candidate for the 2023 General Elections by conducting its indirect primary election on the basis of voting by ad – hoc delegates who were democratically elected at the Ward Congresses of the 1st Defendant, for the purposes of the governorship primaries. 2.
