ALHAJI BANI GAA BUDO NUHU V ALHAJI ISOLA ARE OGELE
June 13, 2025ALHAJI BANI GAA BUDO NUHU VS ALHAJI ISOLA ARE OGELE
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 16994
In the Supreme Court of Nigeria
Fri Dec 12, 2003
Suit Number: SC 396/2002
CORAM
S. M. A. BELGORE – JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PAT-ACHOLONU,, JUSTICE, SUPREME COURT
U. A. KALGO – JUSTICE, SUPREME COURT
S. O. UWAIFO – JUSTICE, SUPREME COURT
A. G. KARIBI-WHYTE – JUSTICE, SUPREME COURT
N. TOBI -JUSTICE, SUPREME COURT
D. O. EDOZIE – JUSTICE, SUPREME COURT
PARTIES
ATTORNEY GENERAL OF THE FEDERATION APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/3rd Respondent Baba Aliyu Adamu instituted an action at the Federal High Court Kogi State, against the 2nd and 1st Respondents, claiming two declaratory reliefs and three injunctive reliefs to bar the 2nd Respondent from contesting the 1999 election into the office of Governor of Kogi State.The 2nd Respondent, who was the Governor of Kogi State at the material time, counter-claimed, seeking three declaratory reliefs. At the end of the trial, the trial Court dismissed the claim of the Plaintiff but granted the counter-claim of the 2nd Respondent.Aggrieved by the decision of the trial court, the Appellant appealed to the Court of Appeal. The Court of Appeal dismissed the appeal. He has further appealed to this court.
HELD
Appeal Dismissed, Application Struck Out
ISSUES
Whether or not the appellant had the locus standi to institute this appeal in the Court below.Whether having regard to the provisions of S.182(1)(b) of the 1999 Constitution, a person who had been elected at any two previous elections before the commencement of the Constitution can again be elected into the office of a State Governor.Whether there is any live issue to adjudicate upon in this appeal, as 2nd and 3rd respondent who was seeking the declarative reliefs have withdrawn from the appeal.
RATIONES DECIDENDI
OFFICE OF THE ATTORNEY GENERAL OF THE FEDERATION –THE OFFICE OF THE ATTORNEY GENERAL CONTINUES IN PERPETUITY
“In view of the fact that the office is created in the Constitution, and unless or until the office is abrogated, it will continue in perpetuity. And any suit by or against the Attorney-General will in law be absorbed by the office, which never dies unless the Constitution abrogates it “- PER NIKI TOBI,J.S.C
PRELIMINARY OBJECTION – PRELIMINARY OBJECTION DEALS STRICTLY WITH LAW
“Preliminary objection, by its very nature deals strictly with law and there is no need for a supporting affidavit. In a preliminary objection, the applicant deals with law and the ground is that the court process has not complied with the enabling law or rules of court and therefore should be struck out. It could be an abuse of court process. If the preliminary objection is successful, the court will not hear the merits of the matter as it will be struck out. However, if a preliminary objection leaves the exclusive domain of law and flirts with the facts of the case, then the burden rests on the applicant to justify the objection by adducing facts in an affidavit”.PER NIKI TOBI, J.S.C
ORDERS OF COURT-DUTY OF COURT TO MAKE ENFORCEABLE ORDERS
“Courts of law can only make enforceable orders, and like nature, they do not act in vain. See Nigerian National Supply Company Ltd. V. Alhaji HamajodaSabana and Company Limited (1988) 2 NWLR (Pt.74) 23.” PER NIKI TOBI, J.S.C
ACADEMIC ISSUES- COURT OF LAW DO NOT EMBARK ON ACADEMIC EXERCISE
“Courts of law do not embark on academic exercise because they are not academic institutions. See Adelaja V. Alade (1999) 6 NWLR (Pt.608) 544; Okulate V. Awosanya (2000) 2 NWLR (Pt.646) 530; UBN Plc. V. Sepok (Nig.) Ltd. (1998) 12 NWLR (Pt.578) 439; Nnubia V. A.G. Rivers State (1999) 3 NWLR (Pt.593) 82; A.G. Kwara State V. Alao (2000) 9 NWLR (Pt.671) 84.” PER NIKI TOBI, J.S.C
ACADEMIC ISSUES-DUTY OF THE COURT TO REFRAIN FROM DETERMINING ACADEMIC ISSUES
“It is settled law that there must exist between the parties to a suit or an appeal a matter in actual controversy which the court is called upon to decide as a living issue. This is because on the basis of the extant grundnorm upon which our judicial authority is based, courts in this country have no jurisdiction to give advisory opinions. Any judgment which does not decide a living issue is academic or hypothetical. It stands in its best quality only as an advisory opinion. This court, and indeed any court in Nigeria, will not engage in rendering such a judgment: see Akeredolu V. Akinremi (1986) 2 NWLR (pt.25) 710 at 725; Atake V. Afejuku (1994) 9 NWLR (pt. 368) 379 at 402; Tanimola V. Surveys and Mapping Geodata Ltd (1995) 6 NWLR (Pt.403) 617 at 626-627”.PER UWAIFO, JSC
JUDGMENT OF COURT – JUDGMENT BINDS ONLY THE PARTIES
“The general principle of law is that the outcome of litigation by way of judgment binds only the parties”. PER NIKI TOBI, J.S.C
CORPORATION-DEFINITION OF CORPORATION
“In Carlen (Nig.) Limited V. University of Jos (1994) 1 NWLR 9Pt. 323) 631, the Supreme Court defined a corporation as a body of persons (in the case of a corporation aggregate) or an office (in the case of a corporation sole) which is recognized by law as having a personality which is distinct from the separate personality of the members of the body or the personality of the individual holder for the time being of the office in question.”PER NIKI TOBI, J.S.C
JUDGMENT OF COURT – THE JUDGMENT OF A COURT WILL NOT AFFECT A PERSON WHO IS NOT A PARTY TO THE LITIGATION
“A judgment in this matter will certainly not bind all other State Governors whose right to contest the governorship election for a third time has been questioned. This is because they are not parties to the litigation. See generallyIge V. Olunloyo (1984) 1 SCNLR 158.” PER NIKI TOBI, J.S.C
OFFICE OF THE ATTORNEY GENERAL OF THE FEDERATION -IMPORT OF SECTION 150 (1) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA ON THE OFFICE OF THE ATTORNEY GENERAL OF THE FEDERATION
“Section 150(1) of the Constitution of the Federal Republic of Nigeria, 1999 creates the office of Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation”. PER NIKI TOBI, J.S.C
LEGAL PERSONALITY-CATEGORIES OF PERSONS WHO CAN SUE AND BE SUED IN LAW
“The law recognize two categories of persons who can sue and be sued. They are natural persons with life, mind and brain, and other bodies or institutions having juristic personality. InAlhaji Afia Trading and Transport Company Limited V. Veritas Insurance Company Limited (1986) 4 NWLR (Pt. 38) 802, the Court held that a party who should commence action in court must be a person known to law, that is a legal person. The office of the Attorney-General, being a creation of the Constitution, is a legal person known to law”.PER NIKI TOBI, J.S.C
ACADEMIC ISSUES– WHEN DOES AN APPEAL BECOME ACADEMIC?
“There cannot be said to be a live issue in a litigation if what is presented to the court for a decision, when decided, cannot affect the parties thereto in any way either because of the fundamental nature of the reliefs sought or of changed circumstances since after the litigation started. So that in case of an appeal, the appeal may become academic at the time it is due for hearing even though originally there was a living issue between the parties. And I think the fact that the decision may help any of the parties to redirect its affairs in an entirely different or probably anticipated situation is irrelevant.” PER UWAIFO, JSC
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria 1999
