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SALAKO DAVE OLADAPO V. BARRISTER AJIBOLA KALEJAYE (2023)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • John I. Okoro JSC (Presided)
  • Amina Adamu Augie JSC
  • Uwani Musa Abba-Aji JSC
  • Ibrahim Musa Saulawa JSC
  • Emmanuel Akomaye Agim JSC

Parties:

Appellant:

  • Salako Dave Oladapo

Respondents:

  • Barrister Ajibola Kalejaye
  • Independent National Electoral Commission (INEC)
  • Peoples Democratic Party (PDP)
Suit number: SC/CV/295/2023

Background

This case revolves around an electoral dispute regarding the nomination of a candidate for the Ogun East Senatorial District during the 2023 elections. The appellant, Salako Dave Oladapo, claimed he won the primary election held on 23 May 2022, while the contesting parties indicated that the Independent National Electoral Commission (INEC) erroneously issued a certificate of return to him instead of the 1st respondent, who was declared the actual winner. Following this, the 1st respondent initiated legal proceedings at the Federal High Court seeking various declaratory and injunctive reliefs, asserting that he deserved the certificate of return due to being the legitimate candidate.

Issues

The case presented two principal issues for adjudication:

  1. Whether the Court of Appeal erred in determining that the cause of action arose on 8 June 2022, which fell within the jurisdiction of section 285(9) of the Constitution.
  2. Whether the findings affirming the trial court's judgment related to the venues of primary elections, election conductors, and certificate issuance were perverse.

Ratio Decidendi

The Supreme Court highlighted several critical points grounded in established legal principles:

  1. The definition and understanding of a "cause of action" as the full set of facts justifying a legal complaint.
  2. The importance of adhering to procedural law, particularly concerning the time limits established for election-related legal actions as mandated by the Nigerian Constitution and Electoral Act provisions.
  3. On appeals, the failure of a respondent to bring a cross-appeal when challenging aspects of a judgment assessed resulted in disregard for their arguments on appeal.

Court Findings

The Supreme Court held that the cause of action did not accrue on 23 May 2022, as it was only when the certificate of return was issued to the appellant that the 1st respondent had grounds for grievance. Consequently, the suit filed on 17 June 2022 was determined to be well within legal bounds, not statute-barred. The court affirmed the factual findings of concurrent lower courts regarding the validity of the primary election and the conduct of electoral procedures.

Conclusion

Ultimately, the appeal by Oladapo was dismissed, consolidating the courts' earlier decisions that recognized the 1st respondent as the rightful candidate. The court's judgment emphasized the sanctity of electoral processes and the need for strict adherence to stipulated timelines and procedural mandates in electoral disputes.

Significance

This ruling underscores the critical legal principles relating to electoral disputes in Nigeria, reaffirming the necessity for compliance with procedural requirements under the Electoral Act and relevant constitutional provisions. Additionally, the judgment highlights how the determination of cause of action is pivotal in assessing the validity of legal claims arising from electoral processes.