FELICIA AKINBISADE VS THE STATE
June 5, 2025THE ATTORNEY GENERAL OF LAGOS STATE V EKO HOTELS LIMITED
June 5, 2025Legalpedia Citation: (2006) Legalpedia (SC) 21781
In the Supreme Court of Nigeria
Fri Sep 29, 2006
Suit Number: SC. 255/2005
CORAM
U.MOHAMMED – JUSTICE, SUPREME COURT
PARTIES
DR. IME SAMPSON UMANAH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner/Appellant filed a Petition at the Governorship and Legislative Houses Election Tribunal sitting at Uyo against the return of the 1st Respondent (now 1st Respondent) as the Governor of Akwa Ibom State at the end of the polls conducted on 19/4/2003 in which the Petitioner/Appellant and the 1st Respondent as candidates of the All Nigeria Peoples Party (ANPP) and Peoples Democratic Party (PDP), respectively, vied along with 7 other candidates for the office of the governor. Following his unsuccessful bid at the election, the Petitioner/Appellant filed a Petition on 14/5/2003 against the 1st to 4th Respondents seeking the following reliefs: (a) that it be determined that the 1st Respondent was not duly elected or returned as the Governor of Akwa Ibom State on the ground of disqualification from contesting the Governorship Election held on the 19th day of April, 2003; (b) that the Petitioner was elected by a majority of lawful votes cast at the election and ought to have been returned; (c) that the Petitioner be declared as the person elected and returned having scored the majority and highest number of lawful votes as amongst the other contestants and having secured one quarter of votes cast in each of at least two-thirds of the Local Government Areas of Akwa Ibom State. The 1st Respondent filed a reply to the petition and also filed a motion praying the Tribunal to dismiss or strike out the Petition on grounds that it disclosed no reasonable cause of action and that it was a nullity for non- compliance with certain provisions of the Electoral Act 2002. The 2nd- 4th Respondents raised a preliminary objection challenging the jurisdiction of the Tribunal to entertain the petition. The Tribunal dismissed both Preliminary objections. The 5th Respondent later applied to be joined as a party and was joined. At the conclusion of the trial, the Tribunal dismissed the Petition. Dissatisfied, the Petitioner/Appellant filed this appeal. The 1st Respondent also filed a cross appeal.?
HELD
Appeal and Cross-Appeal dismissed.
ISSUES
Whether the 1st respondent was disqualified from contesting the governorship election of Akwa Ibom State held on the 19th day of April, 2003.
RATIONES DECIDENDI
TAKING THE PLEA OF AN ACCUSED-STRICT COMPLIANCE WITH STATUTORY PROVISIONS THERETO
“ For the purpose of taking plea of an accused the Criminal Procedure Law and Section 36(6)(a) of the Constitution of the Federal Republic of Nigeria 1979 are relevant and should be strictly complied with.” PER AKAAHS JCA
SECTION 182(1) (i) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA -APPLICATION OF
“For Section 182(1)(i) to apply, the indictment must be by a Judicial Commission of Inquiry, or an Administrative Panel of Inquiry or a Tribunal of Inquiry and disqualification cannot operate against the person indicted by any of these bodies until the Federal or State Government accepts the indictment (usually through a White Paper). The Code of Conduct Bureau is not a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal of Inquiry. It is therefore clear that that Section 182(1) (i) is clear and unambiguous and it does not accommodate a Code of Conduct Bureau or even Code of Conduct Tribunal.” PER AKPIROROH JCA
PRINCIPLE OF AUDI ALTERAM PARTEM- HOW OBSERVED
“The principle of audi alteram partem is observed whether it is a Judicial Commission or Administrative Panel that is set up for no one should be condemned without a hearing”. PER AKAAHS JCA
OMNIBUS GROUND OF APPEAL-MEANING OF
“An omnibus ground of appeal is a complaint against the totality of evidence adduced before the court and not a complaint against a finding of fact on a specific issue or document which must be raised by a substantive ground of appeal.” PER OLAGUNJU JCA
INDICTMENT-WHERE CONTAINED IN A CHARGE-FORM OF
“Where a charge is preferred against the accused, he is arraigned before a court of law and his plea is taken”. PER AKAAHS JCA
APPELLATE REVIEW-RULE REGULATING SAME
“The golden rule regulating an appellate review is that what an appellate court has to decide is whether the decision of the trial court was right and not whether its reasons were.” PER OLAGUNJU JCA
JURISPRUDENCE-SYSTEM OF JURISPRUDENCE PRACTICED IN NIGERIA
“Our country operates the Accusatorial System of Jurisprudence as opposed to the Inquisitorial System as practiced in a country like France where a person accused of having committed an offence is presumed guilty until he establishes his innocence. In our case, the person so accused is presumed innocent until his accusers are able to prove his guilt, hence the provision of Section 36(5) of the 1999 Constitution which stipulates that- “every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.’” PER AKAAHS JCA
INDICTMENT-FORM OF
“The form of the indictment is the issuance of a White Paper. Before this is done, the person indicted would have been invited to appear before the Committee and given the specific allegations made against him so that he can react to them either by admitting the allegations or denying same”. PER AKAAHS JCA
INDICTMENT- NATURE OF THAT WOULD BAR A GOVERNOR FROM CONTESTING AN ELECTION
“The indictment that would bar the Governor from contesting the election is if he has been found guilty by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry. In such a case, the Judicial Commission or Administrative Panel after completing its assignment, would then forward its recommendations to Government and if government accepts the recommendations made to it, that is the time, that it can be said that the person has been indicted and this tallies with definition (3) in the Concise Oxford Dictionary”. PER AKAAHS JCA
CASES CITED
Ajibona v. Kolawole (1996) 10 NWLR (Pt. 476) 22, 30-31Ayeni v. Sowemiwo (1982) 2 SC 60, 73B. P. (West Africa) Ltd. v. Akinola Allen, (1962) 1 All NLR 645, 650Ebem V State (1990) 7 NWLR (Pt. 160) 113;Ejezie v. Anuwu (2002) 25 WRN 168, 197Erekanure V State (1993) 5 NWLR (Pt. 294) 385;Eyorokoromo V State (1979) 6-9 SC 3;Ibrahim V State (1979) 3 LRN 118;Nwankwo v. Federal Republic of Nigeria (2003) 4 NWLR (Pt. 809) 1, 40-41;Nwololo v. Okagbue (1997) 4 NWLR (Pt. 500) 436, 448Odukwe v. Ogunbiyi (1998) 6 SCNJ 102, 113Omin v. Etim, (2003) 6 NWLR (Pt. 817) 587,607 and 613Onuoha V State (1998) 5 NHLR (Pt. 548) 118Oyediran V Republic (1967) NMLR 122;Sanmabo V State (1967) NMLR 314;Udeze v. Chidebe (1990) 1 NWLR (Pt. 125) 141, 158Ukejianva v. Uchendu (1950) 13 WACA 45, 46
STATUTES REFERRED TO
The 1999 Constitution of the Federal Republic of Nigeria
