Customer Support

ABEGUNDE
V.
THE ONDO STATE HOUSE OF ASSEMBLY & ORS

(2015) JELR 33590 (SC)

Supreme Court 17 Apr 2015 Nigeria
BriefBot icon

BriefBot Summary

Free

- The case involves a politician who defected from one political party to another. - The appellant filed a lawsuit seeking interpretation of the Constitution and a declaration that he is entitled to retain his seat despite the defection. -

Case Details

Suit Number:SC.643/2014 (REASONS)
Judges:MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Counsel:Oladapo Akinosun Esq., For Appellant Eyitayo Jegede (SAN) Hon. Attorney-General of Ondo State with C. K. Akinrinsola (D.C.L.), F. S. Akinibosun (D.D.C.L) and H. M. Falawo (P.L.O), for the 1st - 3rd Respondents.Olabode Olanipekun with Bukola Araromi (Mrs.), Bolarinwa Awujooala and Aisah Aliyu (Mrs.) for the 4th, 9th and 12th Respondents.A. A. Malik with L. A. Ikhuoriah, C. O. Onumonu (Mrs), M. O. Akinsanya and M. L. Atsemude (Miss) for 6th, 8th, and 10th Respondents.Tolu Babaleye with Oluwakemi Yemi Makinde (Mrs), Akinola Apanisile and F. O. Amama for the 5th & 7th respondents/Cross Appellants.11th Respondent absent and not represented. For Respondent

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): On 19th March, 2015, having found the appeal and the cross-appeal to which this judgment relates unmeritorious, I dismissed the two and promised to give my reasons today. The reasons are provided anon.

The facts which brought about the two appeals are herein under stated.

The appellant contested and won the Akure North/South Federal Constituency seat on the platform of the Labour Party. He abandoned the party and defected to the Action Congress of Nigeria the A.C.N. He asserts that the factionalization or division in the Ondo State Chapter of the Labour Party accounts for his defection to the Action Congress of Nigeria.

By an originating summons filed on the 26th January, 2012, the appellant as plaintiff commenced Suit No. FHC/AK/CS/31/2012 at the Federal High Court, hereinafter referred to as the trial court, seeking the interpretation of Section 68(1) (a) and (g) of the 1999 Constitution as amended and a declaration th…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.