MY SUIT NOT STATUTE-BARRED – Nat Adojutelegan
As we continue this odyssey, I would like to reiterate that I will appeal against the judgment of Honourable Justice Okon Abang that my suit was statute-barred and now endeavour to explain the relevant constitutional provision, the salient agreed facts, the issues for determination and the legal authorities that counter the judgment for the benefit of right-minded people.
Constitutional provision
Section 285(9) ofthe Constitution of the Federal Republic of Nigeria (as amended) provides that: “Notwithstanding anything to the contrary in this Constitution, every pre-election matter shall be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit.”
Section 285(9): Essential elements
1. The suit must be pre-election matter
2. The occurrence of EVENT, DECISION or ACTION
3. Date of occurrence of EVENT, DECISION or ACTION
4. The suit must be file not later than 14 days from the date of the EVENT, DECISION or ACTION
Section 285(9): Pertinent questions
1. What it a pre-election matter?
2. What was the actionable EVENT, DECISION or ACTION?
3. What date did the EVENT, DECISION or ACTION occur?
4. Was the suit filed not later than 14 days from the date of the EVENT, DECISION or ACTION?
Salient agreed facts
1. HE Yaya Bello informed the public that the system of the indirect primary election will be adopted on 17 July 2020
2. The governorship primary election was conducted on 20 July 2020
3. The result of the governorship primary election was declared on 21 July 2020
4. The APC Primary Election Appeal Committee heard my appeal against the result of the governorship primary election on 24 July 2020.
The issues I presented before the court for determination were the following:
“1. Whether having regard to the mandatory provisions of Section 87 (1), (2), (4) and (7) of the Electoral Act 2010 (as amended), Article 20 (iv) (a), (b), (c) and (d) of the 1st Defendant’s Constitution 2014 (as amended) and Guidelines for the Nomination of Candidates for the 2019 General Elections 2019 – Indirect Primaries (hereinafter referred to as “Electoral Guidelines”), indirect primaries for the purpose of nominating a candidate shall be conducted at a designated venue for that purpose, by an Electoral College of delegates democratically elected by members of the party from the various Wards making up the particular constituency.
2. Whether by virtue of Section 87(7) of the Electoral Act 2010 (as amended), Article 20 (iv) (a), (b), (c) and (d) of the 1st Defendant’s Constitution 2014 (as amended) and Electoral Guidelines, it was lawful and or valid for principal officers of the Ward Executive Committees from Wards in the Ondo State, members of the Local Government Executive Committee from Local Government Areas in Ondo State and members of the Ondo State Executive Committee, none of whom was elected democratically or howsoever for the primary by members of the 1st Defendant from the various wards in Ondo State but politically selected or appointed officials, to have voted as delegates at the 1st Defendant’s gubernatorial primary election held on 20th July 2020.
3. Whether in view of Article 20 of the 1st Defendant’s Constitution 2014, (as amended) and considering the pendency of Suit No. FHC/AK/CS/10/19 before the Federal High Court, Akure Division against the constitutionality and validity of the Ward, Local government and State Executives selected or appointed in 2018, the 1st Defendant could validly or lawfully proceed to conduct primary election at which the same executives whose constitutionality and or validity is being challenged, voted as delegates or allow the said executives to vote as delegates.
4. Whether having regard to Section 87 (4)(b) and (7) of the Electoral Act 2010 (as amended) and Paragraph 14 (III) of the Electoral Guidelines, election of candidate by delegates at the governorship primaries of the 1st Defendant must be by secret ballot.
5. Whether in view of the mandatory requirement of secret balloting as provided in Paragraph 14 (III) of the Electoral Guidelines and given statutory support by Section 87 (4)(b) and (7) of the Electoral Act 2010 (as amended), the governorship primary election held on 20th July 2020 in Ondo State which was conducted by open ballot whereby there were no polling booth(s) or cubicle(s) and delegates freely and openly took pictures of their ballot papers by phone and showed the ballot papers to each other and to agents of the 2nd Defendant while voting, is not unlawful, unconstitutional, null and void and of no effect whatsoever.
6. Whether in view of the provisions of Sections 101 (1) and 126 (1) (b) of the Electoral Act, 2010 (as amended) and paragraph 3 of the 1st Defendant’s Electoral Guidelines, the 2nd Defendant is not disqualified from contesting the Ondo State governorship primary election of the 1st Defendant held on 20th July 2020 or liable to be stripped of any electoral gains he made at the primary, having published via radio and other electronic media across Ondo State and via his twitter handle and caused his agents and or privies to publish false statements during voting at the primary election, alleging or claiming that the Plaintiff had withdrawn from the election to support him (the 2nd Defendant) when he knew that same was false, thereby manipulating and misleading and or deceiving the Plaintiff’s supporters to vote for him (the 2nd Defendant) at the primary and denying the Plaintiff of the votes of delegates who were supporting him.
7. Whether in the event that any or all of the above questions are resolved in favour of the Plaintiff, the purported choice and nomination of the 2nd Defendant as candidate of the 1st Defendant for the office of Governor of Ondo State in the forthcoming 10th October 2020 general election for the seat of Governor of Ondo State is not altogether unlawful, null and void and of no effect whatsoever.”
Honourable Justice Okon Abang’s decision
The judge held that cause of action inmy suit accrued on 17 July 2020 when HE Yaya Bello informed the public that the system of the indirect primary election will be adopted for the governorship primary election against my claim that the course of action accrued on 21 July 2020 when the result of the election was declared.
My case and how I answered the pertinent questions
1. The suit is a pre-election matter.
2. The actionable EVENT, DECISION or ACTION was the result of the governorship election. Please see Issue 7 of the issues for determination above. You will note that the central issue before the court for declaration was whether …the purported choice and nomination of HE Oluwarotimi Akeredolu for the office of Governor of Ondo State in the 10th October 2020 general election for the seat of Governor of Ondo State was not altogether unlawful, null and void and of no effect whatsoever. You will note that contrary to the decision of Honourable Justice Abang the issue for determination was not the lawfulness or otherwise of the announcement made on 17 July 2020.
3. The actionable EVENT, DECISION or ACTION occurred on 21 July 2020 when the result of the election was declared.
4. I filed on 3 August 2020 not later than 14 days from 21 July 2020 the date of the occurrence of the EVENT, DECISION or ACTION, that is when the decision made or the result of the election was declared.
Section 285(9): Applicable legal authorities on the computation of time (When shall counting start?)
The Supreme Court in the case of Bello v Yusuf (2019) 15 NWLR (PT. 1695) 250 held that time starts running “the very date on which the results were declared.”
In the recent case of Gbenga v APC (2020) 14 NWLR (PT).1744) SC 248 the Supreme Court held that the case was “a pre-election matter which must be filed within 14 days when the cause of action accrued – namely the date on which the nomination form was submitted to INEC.”
None of the extant legal authorities went beyond the date the result of the election was declared in any pre-election matter where the complaint under section 285 was against the nomination or purported nomination of a candidate.
