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AZEEZ OLAJIDE ADEDIRAN V. INDEPENDENT NATIONAL ELECTORAL COM (2024)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • John Inyang Okoro JSC (Presided)
  • Uwani Musa Abba-Aji JSC
  • Mohammed Lawal Garba JSC
  • Adamu Jauro JSC (Read the Lead Judgment)
  • Emmanuel Akomaye Agim JSC

Parties:

Appellants:

  • Azeez Olajide Adediran
  • Peoples Democratic Party (PDP)

Respondents:

  • Independent National Electoral Commission (INEC)
  • Mr. Sanwo-Olu Babajide Olusola
  • Dr. Hamzat Kadri Obafemi
  • All Progressives Congress (APC)
  • Arch. Rhodes-Vivour Gbadebo Patrick
  • Labour Party (LP)
Suit number: SC/CV/1155/2023Delivered on: 2024-01-12

Background

This case centers on the challenge to the Lagos State gubernatorial election results, specifically the outcome in which Mr. Sanwo-Olu Babajide Olusola was elected governor. The principal appellant, Dr. Azeez Olajide Adediran, representing the Peoples Democratic Party (PDP), contended that both Mr. Sanwo-Olu and his deputy were not qualified to contest the election, thus invalidating their electoral victory.

Issues

The Supreme Court needed to address several crucial issues:

  1. Whether the appeal was academic due to the elapsed statutory deadlines for suit determination.
  2. The issue of jurisdiction in relation to the disqualification claims raised by the appellants.
  3. The validity of the preliminary objections filed by the respondents.

Ratio Decidendi

The Supreme Court ruled that the appeal lacked merit primarily because all petitions relating to the disqualification of the respondents had fallen outside scrutiny due to statutory time limits defined by sections 285(6) and (7) of the 1999 Constitution.

Court Findings

Key findings included:

  1. Sections 285(6) and (7) define strict timelines for election petitions which, in this case, had lapsed, stripping both the lower courts and the Supreme Court of the jurisdiction to entertain the matter further.
  2. The court emphasized that disputes brought before it must possess live issues capable of imparting benefits to the parties, deeming the appeal academic.
  3. By failing to establish proper bases for their claims and allowing the time limits to lapse, the appellants could not claim any beneficial outcome even if the disqualifications were proven.

Conclusion

The appeal was dismissed based on academic grounds, reiterating the court's mandate to refrain from adjudicating issues that hold no effective legal implications. The court maintained that it cannot decide cases without jurisdiction.

Significance

This ruling is significant as it underscores the stringent timelines embedded within electoral laws and emphasizes the critical nature of jurisdictional matters in election petitions. It serves as a reminder to potential appellants regarding the importance of adhering strictly to procedural frameworks in electoral disputes.

Counsel:

  • Mr. Clement Onwuenwunor, SAN
  • Nas Ogunsakin, Esq.
  • Chief Wole Olanipekun, SAN
  • Dr. Muiz Banire, SAN
  • Olagbade Benson, Esq.