Legalpedia Citation: (2012) Legalpedia (SC) 01432
In the Supreme Court of Nigeria
Thu Jun 14, 2012
Suit Number: SC. 189/2012
CORAM
NIKI TOBI,, JUSTICE ,SUPREME COURT
PARTIES
ALL PROGRESSIVES GRNAD ALLIANCE (APGA) APPELLANTS
HON. BETHEL AMADI
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Appellant as petitioner filed a Petition at the Election Petition Tribunal which was struck out for lapse of time. Dissatisfied the appellant filed an appeal at the court of appeal. The Court of Appeal could not hear the appeal because 60 days as provided by law has lapse. The Court of Appeal struck out the appeal for want of jurisdiction. The appellant further appealed to the apex court
HELD
Appeal dismissed
ISSUES
1.Having regard to the clear and unambiguous provision of section 285(7) of the 1999 Constitution ( as amended), coupled with the binding nature of the decisions of the Supreme Court interpreting the said section,?
2.whether the lower court was not right in striking out the appellants appeal which emanated from the decision of an election tribunal and was caught up by the said Constitutional provision.?
RATIONES DECIDENDI
PRELIMINARY OBJECTION TO JURISDICTION OF COURT-PURPORT OF
“A preliminary objection on jurisdiction of an appeal court; in this case the Supreme Court to hear the appeal, if successful brings the hearing of the appeal to an end. This is premised on sound reasoning that there is nothing as useless as doing efficiently what should not have been done in the first place. It must be elementary now that jurisdiction is a threshold issue, and so once raised it must be heard first and resolved one way or the other. Any proceeding conducted without jurisdiction no matter how brilliantly handled would amount to a nullity if the court had no jurisdiction to entertain the matter”. PER BODE RHODES-VIVOUR
JURISDICTION OF COURT-COMPETENCE OF TO HEAR AN APPEAL
“This court would be competent to hear this Appeal if or when:
1. It is properly constituted as regards numbers and qualifications of the members of the bench, and no member is disqualified for one reason or another, and
2. The subject matter of the case is within its jurisdiction, and no feature in the case which prevents the court from exercising its jurisdiction, and
3. The case comes before the court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction.” PER BODE RHODES-VIVOUR
JURISDICTION-WHERE COURT LACKS JURISDICTION-EFFECT ON PROCEEDINGS
“It must be elementary now that jurisdiction is a threshold issue, and so once raised it must be heard first and resolved one way or the other. Any proceeding conducted without jurisdiction no matter how brilliantly handled would amount to a nullity if the court had no jurisdiction to entertain the matter.” PER BODE RHODES-VIVOUR
CASES CITED
Bature v. State 1994 iNWLR pt.320 p.267
Ishola v. Ajiboye 1994 6NWLR pt.352 p,5o6
Usman Dan Fodio University v. Kraus Thompson Organisation Ltd 200115NWLR pt.736 p.305
Madukolu & ors v. Nkemdilim 1962 2NSCC P.374
STATUTES REFERRED TO
Section 246(1) (3) of the Constitution
Section 233(1) of the Constitution
Section 285 (1) (7) of the Constitution
Section 87(9) of the Electoral Act, 2011