Reports

Supreme Court resolves jurisdiction issue against Oyo Rep member

Published

8 years ago

May 4, 2017

The Supreme Court has resolved that the Federal High Court has the jurisdiction to determine a case challenging the election of a member of the House of Representatives from Oyo State, Hon. Sumbo Olugbemi.

Olugbemi is representing Oluyole Federal Constituency in the lower legislative chamber on the platform of the All Progressives Congress (APC).

But his candidature is being challenged by Hon. Olujide Adewale, who is claiming that he defeated Olugbemi in the primary of the party for the post in 2014.

Adewale dragged Olugbemi, the APC and its chairman in Oyo State, Chief Akin Oke and the Independent National Electoral Commission (INEC) to the Federal High Court, Ibadan, seeking the nullification of Olugbemi’s candidature and declaration that he was the duly elected candidate of the party for the 2015 House of Representatives election. He filed the case on October 24, 2014.

But Olugbemi challenged the jurisdiction of the court to entertain Adewale’s claims in November, 2015. The court dismissed the application but the lawmaker appealed against the order.

The Court of Appeal also upheld the decision of the Federal High Court, affirming that it had jurisdiction over the matter.

Still dissatisfied, Hon. Olugbemi approached the Supreme Court over the order. But the apex court also upheld the decision of the lower courts in its judgment on Friday.

In the copy of the judgment obtained by The Nation, Justice Mary Ukaego Peter-Odili, who read the lead judgment, affirmed: “Indeed, the matter herein is laid to rest as the two courts below were right in holding that the Federal High Court was seized with jurisdiction to hear the pre-election matter before the Federal High Court pursuant to Section 87 (9) of the Electoral Act, 2010 (as amended). The controversy on the issue of main or principal or ancillary relief does not arise and this appeal definitely lacks merit as the concurrent findings and conclusion of the two courts below are not to be tampered with, the exceptions that would have empowered this Apex Court to so interfere , upset, disturb those findings and conclusion do not exist. This appeal is therefore dismissed.”

The Nation

For advert placement call us on +447460770987, +2349050382526

For Diaspora Digital Media Updates click on Whatsapp, or Telegram. For eyewitness accounts/ reports/ articles, write to: citizenreports@diasporadigitalmedia.com. Follow us on X (Fomerly Twitter) or Facebook