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May 26, 2021MRS MARTINA UGBOMAH & ANOR v. GOVERNOR OF ANAMBRA STATE & ORS
May 28, 2021HON. DICKSON FRANK ABASIEKONG v. PEOPLES DEMOCRATIC PARTY AKWA IBOM STATE & ORS
(2021) Legalpedia (CA) 58112
In the Court of Appeal
HOLDEN AT CALABAR
Tuesday, March 16, 2021
Suite Number: CA/I/200/2000
CORAM
MOJEED ADEKUNLE OWOADE
JAMES SHEHU ABIRIYI
MUHAMMED LAWAL SHUAIBU
HON. DICKSON FRANK ABASIEKONG || PEOPLES DEMOCRATIC PARTY, AKWA IBOM STATE
AREA(S) OF LAW
APPEAL
JURISDICTION
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.
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HELD
Appeal Dismissed
ISSUES FOR DETERMINATION
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
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. –
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. –
STATUTES REFERRED TO
Not Available|
COUNSEL
E. Eboro,Esq.For Appellant(s)|A. Ebitu,Esq. – for 1st Respondent.|U. Nwoko, SAN, with him, Utibe Nwoko,Esq. -for 2nd Respondent.|
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