CORAM

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S.U. ONU JUSTICE, SUPREME COURT

MUHAMMAD S. MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT.

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PARTIES

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1. CHARLES CHIWENDU ODEDO. APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Appellant took out a suit at the Federal High Court applying for a judicial review of the action of the 1st Respondent in removing his name as the candidate for the House of Representatives election. The trial court in its judgment dismissed the Appellants suit. Dissatisfied the Appellant appealed to the Court of Appeal which dismissed his appeal, hence this appeal.

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HELD

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Appeal allowed. The court unanimously held that the appellant remained the validly elected candidate for the PDP primaries for the Idemili North and South Federal constituency but the court disagreed on the consequential orders made.

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ISSUES

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1.   Whether the Court of Appeal in its majority judgment was right in holding that the Appellant’s appeal in these circumstances was a mere academic exercise.2.   Whether the Appellant is not entitled to judgment on the merits of the case3.   Whether in the circumstances of this appeal, this is not a proper case in which the Supreme Court should exercise its powers under section 22 of the Supreme Court Act to hear the case on its merit in view of the failure of the Court of Appeal to do so in its majority judgment

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RATIONES DECIDENDI

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RIGHT TO REDRESS- A PARTY WHO ESTABLISHES HIS RIGHTS TO A REDRESS MUST BE ACCORDED

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“A genuinely aggrieved person who approaches the court for redress must be accorded the redress if he establishes his rights thereto at the trial. Otherwise there can be break down of public order with the possibility of the aggrieved opting for vengeance by violent self-help. That can be dangerous.” PER TABAI, JSC

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ELECTION – WHO CAN PARTICIPATE IN AN ELECTION?

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“Candidates in an election are sponsored by political parties. It is the political party that participated in the conduct of an election that is the winner or the loser and not the candidates sponsored by the political parties sometimes, the goodwill of a candidate being sponsored in an election may contribute to the victory of the political party in an election Section 221 of the 1999 Constitution of Nigeria does not recognize an Independent candidate contesting in our elections.” PER MUNTAKA-COOMASSIE, JSC

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“COGENT AND VERIFIABLE REASONS”- MEANING OF “COGENT AND VERIFIABLE REASONS”

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“Cogent and verifiable reasons” can only mean a reason self demonstrating of its truth and which can be checked and found to be true. The truth in the reason given must be self-evident and without any suggestion of untruth. The reason given must be demonstrably true on the face of it so as not to admit of any shred of uncertainty.” PER MUNTAKA-COOMASSIE, JSC

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PRELIMINARY OBJECTION- PRELIMINARY OBJECTION IN A BRIEF IS RAISED IN A CONSPICUOUS TITLE IN THE NAME AND STYLE OF “PRELIMINARY OBJECTION”

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“A preliminary objection cannot be raised in that subtle and uneventful way. The practice, and the accepted practice for that matter, is that preliminary objection in a Brief is raised in a conspicuous title in the name and style of “PRELIMINARY OBJECTION”. Thereafter the grounds and the arguments of or for the objection are stated and argued in the Brief.” PER TOBI, JSC

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JURISDICTION OF COURT – JURISDICTION OF COURTS IN PRE-ELECTION MATTERS

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“The jurisdiction of ordinary court in pre-election matters is sacrosanct and the holding of such an election when the action was pending would not deprive the ordinary court of its jurisdiction to conclude the matter, even to the appeal court.” PER MUNTAKA-COOMASSIE, JSC

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SUBSTITUTION OF A CANDIDATE- WHO HAS THE DUTY TO CHANGE, SUBSTITUTE AND OR REPLACE A CANDIDATE IN AN ELECTION

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“The duty to change, substitute and or replacement of a candidate in an election is that of the political party which, it goes without saying, must initiate same. The act of substitution out of necessity is that of the political party in which appellant has no role to play. A party, who wins a primary election, would not take the issue of substituting him/her with another candidate lightly and as such a political party who intends to change him or her must ensure that it complies with the statutory provisions of Section 34 of the Act. This was the position taken by my learned brother in this court Mohammed JSC in the popular case of Amaechi v. INEC and others (2008) 5 NWLR (Pt. 1080) 227 at 365.” PER MUNTAKA-COOMASSIE, JSC

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CASES CITED

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1. Plateau State v. Attorney General of the Federation (2006) 3 NWLR (Pt.967) 346, 4192. Tanimola v. Mapping Godatta Limited (1995) 6 NWLR (Pt.403) 617;3. Nwoboshi v. A.C.B. (1995) 6 NWLR (Pt.404) 658;

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STATUTES REFERRED TO

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1. Supreme Act2. Electoral Act, 2006

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