AFRICAN CONTINENTAL BANK PLC V. EMOSTRADE LIMITED
June 19, 2025YOUNG UKAUWA UGURU V. THE STATE
June 19, 2025Legalpedia Citation: (2002) Legalpedia (SC) 11715
In the Supreme Court of Nigeria
Fri Apr 5, 2002
Suit Number: SC. 53/2001
CORAM
UTHMAN MOHAMMED JUSTICE, SUPREME COURT ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT UMARU AT
PARTIES
NNAH GEORGE ONYEABUCHI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant brought an action in the Federal High court challenging INEC’s power to resolve an election dispute without recourse to the court. He had earlier instituted an action where the court held it lacked jurisdiction over election disputes.
HELD
The court held that the Federal High court lacks jurisdiction in election matters no matter how the relief was couched and that the action was res judicata by an earlier judgment of the same court arising from this same action of INEC.
ISSUES
Whether the court below was right in holding that the trial court lacked jurisdiction to entertain the suit.Whether the claim was caught by the doctrine of estoppel per rem judicata.Whether the court below having found that the suit was caught by the doctrine of res judicata and that the suit was an abuse of process rightly dismissed the originating summons
RATIONES DECIDENDI
ABUSE OF COURT PROCESS
It is an abuse of the process of court for the plaintiff to litigate again over an identical question which had already been decided against him – Ayoola J.S.C
JUDGMENT FOUNDED ON A PLEA OF RES JUDICATA
The correctness, on the merits, of a judgment on which a plea of res judicata is founded is not in issue in the case in which the judgment is produced as basis either for a plea of res judicata or one of abuse of process. Once it is final, whatever it decided as between the parties thereto is conclusive and binding- Ayoola J.S.C.
CASES CITED
Arubo v. Aiyeleru (1993) 24 NSCC (Part 1) 955 Wills v. Earl of Beauchamp (1886) 11 P 59, 53?
STATUTES REFERRED TO
NONE
