Judgment
PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): By their Originating Summons dated 6th April, 2022 and filed on 7th April, 2022 the Appellants commenced this action against the Respondents. The Originating Summons was amended upon the joinder of the 3rd Respondent on 9th June, 2022. The Appellant filed Amended Originating Summons on 15th June, 2022 wherein the Appellant sought answers to the following questions viz;- “1.
WHETHER, having regard to the provisions of the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN) (as amended), the Electoral Act, 2022 and the state of decided judicial authorities applicable to the instant case, the 1st Defendant (INEC) possess the statutory power, duty, obligation and function to issue Guidelines or Regulations and/or Timetable & Schedule of Activities and dates in respect of relevant elections in Nigeria? 2.
WHETHER, the Guidelines or Regulations and/or Timetable & Schedule of Activities and dates issued by the 1st Defendant (INEC) in respect of the Osun State 2022 Governorship election scheduled for 16th day of July, 2022 or on any other date thereafter, in exercise of its statutory powers, duties, obligations and functions have the force of law and must be obeyed by the 2nd Defendant (PDP) as a political party? 3.
WHETHER, the 2nd Defendant (PDP) can in non-compliance with the Guidelines or Regulations and/or Timetable & Schedule of Activities and dates issued by the 1st Defendant (INEC) in respect of the Osun State 2022 Governorship election, on timeline for online submission of the nomination, name and Form EC9 of its Governorship candidate, that is 9:00AM 14th March, 2022 to 6:00PM 18th March, 2022, submit the nomination, name and Form EC9 of its Candidate to the 1st Defendant (INEC)’s Nomination Portal, outside the dates stipulated or approved for the online submission? 4.
WHETHER. by reason of non-compliance with the Guidelines or Regulations and/or Timetable & Schedule of Activities and dates issued by the 1st Defendant (INEC) in respect of the Osun State 2022 Governorship election in exercise of its statutory powers, duties, obligations and functions, on the timeline for online submission of the nomination, name and Form EC9, the said 2nd Defendant’s online submission of the nomination, name and Form EC9 of its candidate to the 1st Defendant for the 2022 Osun State Governorship election outside the approved timeline is ‘invalid’, ‘null, void and of no effect’ and ought to be set aside? 5.
