CORAM

---

MOJEED ADEKUNLE OWOADE, JUSTICE COURT OF APPEAL

JAMES SHEHU ABIRIYI, JUSTICE COURT OF APPEAL

MUHAMMED LAWAL SHUAIBU, JUSTICE COURT OF APPEAL

---

PARTIES

---

HON. DICKSON FRANK ABASIEKONG

APPELLANTS 

---

PEOPLES DEMOCRATIC PARTY, AKWA IBOM STATE

RESPONDENTS 

---

AREA(S) OF LAW

---

ACTION, APPEAL, ELECTORAL LAW, JURISDICTION, LEGAL PERSONALITY, PRACTICE AND PROCEDURE

 

---

SUMMARY OF FACTS

The Appellant before the High Court of Akwa Ibom State, Ndinya Ikot Imo Division, took out a writ of summons against the Respondents claiming some reliefs which include a declaration that the 2nd Respondent was not qualified to represent the 1st Respondent as her candidate in the Local Government Election into the Office of Chairman, Ini Local Government. The 1st Respondent raised an objection and sought for an order striking out the 1st Respondent as it is not a juristic person. The court below considered arguments of the parties and struck out the name of the 1st Respondent. The Appellant immediately sought leave of the court below to appeal against the ruling. It was the Court of Appeal that eventually granted leave to the Appellant to appeal against the ruling and the Appellant filed the Notice of Appeal containing two Grounds of Appeal.

 

---

HELD

---

Appeal Dismissed

 

---

ISSUES

---

Whether the court below was right when it held that the 1st Respondent sued as Peoples Democratic Party Akwa Ibom State is not a juristic person.

 

---

RATIONES DECIDENDI

---

NON-JURISTIC PERSON – STATUS OF AN ACTION INSTITUTED BY A NON-JURISTIC PERSON

---

“Where it is obvious that a party is not a legal person the matter can be dealt with without much ado and the non juristic person struck out or the action struck out if such a “party” is the plaintiff. See Bank of Baroda v. Iyalabani Co. Ltd. (2002) LPELR – 743 SC. – PER J. S. ABIRIYI, J.C.A

 

---

ISSUE OF JURISDICTION – NATURE OF THE ISSUE OF JURISDICTION OF COURT

---

“It is the law that the question of jurisdiction is so fundamental that it should be determined first by the courts before starting any proceeding. If the court proceeds without jurisdiction, all proceedings however well conducted amount to a nullity.  See AG. Lagos State v. Dosunmu (1989) 9 NWLR (pt.111) 552 SC.; Jeric Nigeria Limited v. U.B.N. Plc (2000) 12 SC (pt.11) 133 and Nnonye v. Anyichie (2005) 2 NWLR (pt.910) 623 SC. – PER J. S. ABIRIYI, J.C.A

 

---

POLITICAL PARTY – STATUTS OF A POLITICAL PARTY

---

“It is a notorious fact that there is no political party for a village, town or state in Nigeria.  See Abegunde v. Ondo State House of Assembly & Ors. (2015) LPELR – 24588 SC where the Supreme Court stated thus:

“I agree with most learned counsel for the Respondents that a political party in the eyes of the law and under the Constitution is a corporate legal entity represented by its National Officers not sectional branches or segments which do not qualify as a Political Party.”

– PER J. S. ABIRIYI, J.C.A

 

---

CASES CITED

---

Not Available

 

---

STATUTES REFERRED TO

---

Not Available

 

---

CLICK HERE TO READ FULL JUDGMENT