CORAM
NIKI TOBI – JUSTICE, SUPREME COURT
OGUNTADE – JUSTICE, SUPREME COURT
MUKHTAR – JUSTICE, SUPREME COURT
MOHAMMED – JUSTICE SUPREME COURT
ONNOGHEN – JUSTICE SUPREME COURT
MUHAMMAD – JUSTICE SUPREME COURT
CHUKWUMA – JUSTICE, SUPREME COURT
PARTIES
ATTORNEY GENERAL OF ANAMBRA STATE PLAINTIFF(S)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
By way of Originating summons pursuant to Order 3 Rules 1 and 6 Supreme Court Rules 1985 (as amended), the Plaintiff sought a declaration that by virtue of provisions of section 180 (1) and (2)(a) of the Constitution of the Federal Republic of Nigeria 1999, the four year tenure of office of the incumbent Governor of Anambra State of Nigeria is reckoned to begin from 17th March, 2006, being the date he first subscribed to the Oath of Allegiance and Oath of Office in accordance with Section 185 Constitution of the Federal Republic of Nigeria 1999, a declaration that the incumbent Governor of Anambra State of Nigeria is constitutionally entitled to an uninterrupted tenure of office of a period of four years commencing on 17th March 2006 in accordance with Sections 180 and 185 Constitution of the Federal Republic of Nigeria 1999. The Plaintiff also sought a declaration that any elections, or preparations for elections including any purported elections on 14th April 2007 or any other date conducted by the Defendant, by itself or through (sic) his servants, privies, agents/agencies including the Independent National Electoral Commission; for the purpose of electing any person into the office of Governor of Anambra State of Nigeria before the expiration of the tenure of the incumbent Governor of Anambra State on 16th March, 2010; is unconstitutional, illegal, unlawful, null, void and of no effect whatsoever being contrary to Sections 5 (1); 180 (1) (d), 180 (2) (a) and 185 (1) Constitution of the Federal Republic of Nigeria 1999 among other reliefs. The court ordered parties to exchange briefs of argument on the jurisdiction of the court to hear the case and parties filed same and adopted their brief of argument. The Supreme Court held that it has no jurisdiction to hear and determine the case, and therefore strike out the claims of the Plaintiff.
HELD
Case Struck Out
ISSUES
“Whether this court in the exercise of its original jurisdiction can hear and determine the reliefs sought by the plaintiff in this court.”
RATIONES DECIDENDI
WORDS OF AN ACT – WHERE THE WORDS OF AN ACT ARE CLEAR AND EXPLICIT, THEY CONSTITUTE BEST EVIDENCE OF THE INTENTION OF THE LEGISLATURE
“If the words of an Act are clear and explicit, they themselves are the best evidence of the intention of the legislature and no reference may be made to other sources of information. See also Tukur v. Government of Gongola State 1989 4 NWLR part 117 page 517.Lawal v. G. B. Ollivant 1972 3 S.C. 124.Ifezue v. Mgadugha 1984 1 SCLR 427, and I.B.W.A. v. Imano (Nig) Ltd. 1988 3 NWLR part 85 page 633.”PER A. M. MUKHTAR, JSC
JURISDICTION OF COURT – DUTY OF COURT IN DETERMINING WHETHER A COURT HAS JURISDICTION TO ENTERTAIN A CASE
“It is settled law that for the purpose of determining whether a court has the requisite jurisdiction to entertain a matter before it, it is the duty of the court to look at the statement of claim where one is required and had been filed and take the documents therein contained as true ex facie: See Adeyemi v. Opeyori (1976) 9 – 10 S.C. 31.” PER W.S.N ONNOGHEN, JSC
ORIGINAL JURISDICTION OF THE SUPREME COURT – WHETHER THE SUPREME COURT CAN EXERCISE ITS ORIGINAL JURISDICTION TO DETERMINE DISPUTE BETWEEN INDIVIDUALS OR BETWEEN PERSONS AND FEDERAL OR STATE GOVERNMENT
“The Supreme Court cannot exercise its original jurisdiction to determine any dispute between individuals or between persons and Federal or State Government. Also, Corporate or Statutory body cannot invoke the original jurisdiction of the Supreme Court and it cannot be made a party to a suit properly initiated in the Supreme Court, see: Attorney General of Ondo State . v. Attorney General of the Federation & Ors (1983) 2 SCNLR 269; Attorney General of Abia State v. Attorney General of the Federation (2002) 6 NWLR (Pt. 763) 264 at 367 – 377. (2003) 1 SCM 1”. PER I. T. MUHAMMAD, JSC
CONSTITUTIONAL RIGHT – WHAT IS A CONSTITUTIONAL RIGHT -SECTION 232 (1) OF 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
“A constitutional right is a legal right within the purview of Section 232 (1) of the 1999 Constitution. See Attorney General of Bendel State v. Attorney General of the Federation supra.”PER A. M. MUKHTAR, JSC
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) – DUTIES OF INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
“The Independent Electoral Commission is charged with inter alia the following:
(a) organize, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation;
(b) register political parties in accordance with the provisions of this constitution and an Act of National Assembly;
(c) monitor the organization and operation of the political parties, including their finances;
(d) arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report of voters for the purpose of any election under this constitution;
(e) arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this constitution;
(f) monitor political campaigns and provide rules and regulations which shall govern the political parties;
(g) ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the oath of office prescribed by law;
(h) delegate any of its powers to any Resident Electoral Commissioner, and
(i) carry out such other functions as may be conferred upon it by an Act of the National Assembly.”
AFFIDAVIT EVIDENCE – AFFIDAVIT EVIDENCE MUST NOT CONTAIN LEGAL ARGUMENTS – EFFECT OF WHERE DEPOSITIONS CONTAINS LEGAL ARGUMENT
“A cardinal principle of law is that affidavit evidence i. e depositions must not contain legal arguments, and where they do they offend the provision of Section 87 of the Evidence Act Cap 112, Laws of the Federation of Nigeria 1990. In the event that such situation exists the paragraphs containing the offensive depositions will be struck out.” PER A. M. MUKHTAR, JSC
ORIGINAL JURISDICTION OF THE SUPREME COURT – NATURE OF DISPUTE THAT CAN INVOKE THE ORIGINAL JURISDICTION OF THE SUPREME COURT
“Only a justiciable dispute between the Federal Government and a state Government or between states, will enable the invocation of the original jurisdiction of the Supreme Court. This limitation, I believe, will in a way help in discouraging the flooding of the Supreme Court with cases of non justiciable or mere academic or hypothetical controversies, such as the one on hand, between the Federal and State Governments or between the states inter se.” PER I. T. MUHAMMAD, JSC
LOCUS STANDI – MEANING OF LOCUS STANDI
“Locus standi or standing or title to sue which means the capacity to sue in a Court of law is resolved by perusing the plaintiffs statement of claim which from the authorities has defined the confines of the plaintiff’s total cause of action.” PER C. M. CHUKWUMA-ENEH, JSC
DURATION OF THE OFFICE OF A GOVERNOR – SECTION 180 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
“The duration of the office of a Governor in a single term as provided by the supra constitution is four years, and the provision reads as follows:-
180 (2) Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of a period of four years commencing from the date when –
(a) in the case of a person first elected as Governor under this constitution he took Oath of Allegiance and Oath of office; and
(b) the person last elected to take that office took the Oath of allegiance and Oath of office or would, but for his death, have taken such Oaths.” PER A. M. MUKHTAR, JSC
EXERCISE OF JURISDICTION BY A COURT – PRINCIPLES FOR THE EXERCISE OF JURISDICTION BY A COURT
“The general principles for the exercise of jurisdiction by a court of law, as enunciated by a litany of decided cases, are that:
i. The subject matter of the case is within the jurisdiction of the court and there is no feature in the case which prevents the court from exercising its jurisdiction.
ii. The court is properly constituted as regards members and their requisite qualifications and no member is disqualified for one reason or the other.
iii. The case comes before the court initiated by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction. See: Madukolu v. Nkemdilim (1962) 1 All NLR 587 at 594; Sken Consult (Nig.) Ltd v. Secondy Ukey (1981) 1 SC 6; Ishola v. Ajiboye (1994) 19 L R. C. N 35; Western Steel Works Ltd, v. Iron & Steel Workers Union of Nigeria (1986) 6 SC 35; Odofin v. Agu (1992) 3 NWLR (Pt. 229) 350.For a case to be initiated by due process of law as in (iii) above, it presupposes that the jurisdiction of a court to adjudicate in a matter must be determined by the facts placed before it and more importantly, by the phraseology of the plaintiffs claim. See: Abacha & Anor v. Fawehinmi (2000) FWLR (Pt. 4) 557; Ejike v. Ifeadi (1998)6 SCNJ 87 at 89.”PER I. T. MUHAMMAD, JSC
JURISDICTION – FUNDAMENTAL NATURE OF JURISDICTION
“Jurisdiction to a court of law is equated to blood in a living animal. Jurisdiction is the blood that gives life to the survival of an action in a court, of law without which the action will be like an animal that has been drained of its blood. It will cease to have life and any attempt to resuscitate it without infusing blood into it would be an exercise in futility”. See: Shitta – Bey v. A. G. Federation & Anor (1998) 7 SCNJ 264 at 266. PER I. T. MUHAMMAD, JSC
ORIGINAL JURISDICTION OF THE SUPREME COURT – FACTORS TO DETERMINE THE ORIGINAL JURISDICTION OF THE SUPREME COURT
“Thus, the yardstick for measuring whether original jurisdiction on a matter lies in the Supreme Court is based on the following factors:
1. A dispute must exist between the Federal Government and a State Government or between States inter se
2. The dispute must involve a question of law or fact or both;
3. The dispute must pertain to the existence or extent of a legal right .See generally: Attorney General Bendel State v. Attorney General of the Federation (1982) 3 NCLR 1; Attorney General of the Federation v. Attorney General. Imo State (1983) 4 NCLR 178; Attorney General, Ondo State v. Attorney General. Federation (1983) 4 NCLR 178; Attorney General Federation v. Attorney General Abia State (2001) 11 NWLR (Pt. 725) 689”. PER I. T. MUHAMMAD, JSC
INTERPRETATION OF THE PROVISION OF LAW – THE PROVISION OF THE LAW SHOULD BE INTERPRETED WITHIN ITS AMBIT
“The provision of law should be viewed in its simple form and interpreted within its ambit, and no extraneous matters should be introduced to it to give it a meaning different from what the legislator intended it to be.” PER A. M. MUKHTAR, JSC
JURISDICTION-MEANING OF JURISDICTION
“Jurisdiction is said to be the authority a court has to decide matters before it.” PER I. T. MUHAMMAD, JSC
DISPUTE – DEFINITION OF DISPUTE
“The word “dispute” has been judicially defined in a number of cases by this court including, but not limited to, A-G of Bendel State v. A-G of the Federation; A-G of the Federation v. A-G of Imo State both supra, as the act of arguing against, controversy, debate, contention as to rights, claims and the like or on a matter of opinion.” PER W.S.N ONNOGHEN, JSC
JUDICIAL POWERS – SECTION 6 (6) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
“By virtue of the provisions of Section (6) (6) of the Constitution supra, judicial powers are vested on superior courts stated under subsection (5) of the said section (6)
‘6 (1) The judicial powers vested in accordance with the foregoing provisions of this section –
(a) shall extend, notwithstanding anything to the contrary in this constitution to all interest powers and sanctions of a court of law;
(b) shall extend to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions, and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.” PER A. M. MUKHTAR, JSC
PARTICIPATION IN AN ELECTION – WHETHER PARTICIPATION IN AN ELECTION IS A STATE AFFAIR
“Participation in an election either as a voter or candidate is not a state government or state affair or right conferred on the state government but an individual personal right that ought to be enforced, exercised or protected by that individual, not the state on his behalf”. PER W.S.N ONNOGHEN, JSC
EXECUTIVE POWERS OF A STATE -SECTION 5 (2) (a) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
“By virtue of Section 5 (2) (a) and (3) of the Constitution the following position was stated:
(2) Subject to the provisions of this constitution, the executive powers of a state–
(a) Shall be vested in the Governor of that state and may, subject as aforesaid and to the provisions of any law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that state or officers in the public service of the state;
(3) The executive powers vested in a state under subsection
(a) impede or prejudice the exercise of the executive powers of the Federation;
(b) endanger any asset or investment of the Government of the Federation in that state; or
(c) endanger the continuance of a Federal Government in Nigeria.” PER A. M. MUKHTAR, JSC
EXERCISE OF ORIGINAL JURISDICTION OF THE SUPREME COURT – CONDITIONS THAT MUST EXIST BEFORE THE SUPREME COURT CAN EXERCISE ORIGINAL JURISDICTION IN A CIVIL MATTER BETWEEN THE FEDERATION AND STATE OR STATES OR BETWEEN STATES
“Section 232(1) of the 1999 constitution supra, it is very clear and it is now settled law that for the Supreme court to exercise it’s original jurisdiction in a civil case between the federation and state or states or between states, the following conditions must exist:-
(i) a dispute between the Federation and a State or States or between States; and
(ii) the dispute must involve a question of law or fact or both; and
(iii) the dispute must pertain to the existence or extent of a legal right. See A-G Bendel State v. A-G of the Federation (1982) 3 NCLR 1; A-G of the Federation v. A-G of Imo State (1983) 4 NCLR 178.A-G of the Federation v. of Abia State (2001) 11 NWLR (Pt. 725) 689 etc.”PER W.S.N ONNOGHEN, JSC
ORIGINAL JURISDICTION OF THE SUPREME COURT – WHETHER THE SUPREME COURT HAS ORIGINAL JURISDICTION ON ANY CRIMINAL MATTER
“The Supreme Court cannot have original jurisdiction on any criminal matter however serious, including capital offences.” PER I. T. MUHAMMAD, JSC
JURISDICTION-IMPORTANCE OF JURISDICTION
“It is a fundamental principle of law that the issue of jurisdiction is a central point on which the entire case rests, and so the issue of jurisdiction must be tackled first before any step is taken in a matter.” PER A. M. MUKHTAR, JSC
ORIGINAL JURISDICTION OF THE SUPREME COURT – ORIGINAL JURISDICTION OF THE SUPREME COURT -SECTION 232 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
ORIGINAL JURISDICTION OF THE SUPREME COURT – ORIGINAL JURISDICTION OF THE SUPREME COURT -SECTION 232 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
“232 (1) – (1) The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a State or between States if and in so far as that dispute invoke any question (whether of law or fact) on which the existence or extent of a legal right depends.
(2) In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act of the, National Assembly.
Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter.” PER A. M. MUKHTAR, JSC
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999
Electoral Act 2002
Electoral Act No. 2 of 2006