ALHAJI JIKA UMARU VS KASSIMU ALHAJI YAHAYA
April 28, 2025JAFAR ABUBAKAR VS ALHAJI IBRAHIM HASSAN DANKWAMBO
April 28, 2025Legalpedia Citation: (2022-04) Legalpedia 55024 (CA)
In the Court of Appeal
HOLDEN AT ABUJA
Wed Oct 21, 2015
Suit Number: CAM/EPT/539/2015
CORAM
ABUBAKAR D.YAHAYA JUSTICE, COURT OF APPEAL
TANI Y.HASSAN JUSTICE, COURT OF APPEAL
JOSEPH E. EKANEM JUSTICE, COURT OF APPEAL
PARTIES
1. OBONG (BARR) VICTOR AKPAN
2. ALL PROGRESSIVE CONGRESS (APC)
APPELLANTS
1. HON. (BARR) ONOFTOK AKPAN LUKE
2. PEOPLES DEMOCRATIC PARTY (POP)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
RESPONDENTS
AREA(S) OF LAW
APPEAL, COURT, ELECTION PETITION, JURISDICTION, PRACTICE AND PROCEDURE, STARE DECISIS
SUMMARY OF FACTS
In an election into the Akwa Ibom State National Assembly. The 1st Respondent was declared the winner in respect of Nsit Ubium State Constituency by the 3rd Respondent. Dissatisfied with the result of the election, the Appellants who also contested in the election filed a Petition before the Akwa Ibom State National Houses of Assembly Tribunal sitting at Abuja. The Tribunal, struck out the Petition of the Appellants herein for being statute barred, having been filed out of time. Aggrieved, the Appellants have appealed to the Court of Appeal.
HELD
Appeal Dismissed
ISSUES
Whether the Tribunal was right in holding that the Petition, the subject matter of this appeal was filed out of time, by virtue of Section 285(5) of the 1999 Constitution (as amended).
RATIONES DECIDENDI
WHETHER THE ISSUE OF JURISDICTION OF A TRIBUNAL CAN BE RAISED AT ANY TIME
“I am in complete agreement with the respondents that it was a matter of jurisdiction of the Tribunal and could be taken at any time, and even orally. This is because it would be a sheer waste of judicial time, for a court or tribunal to adjudicate on a matter it has no jurisdiction upon. The proceedings would be a nullity Nwankwo Vs. Yar’adua (2010)12 NWLR (Pt. 1209)518; Udokpo Vs. Archibong (Supra) and Nuhu Vs. Ogele (Supra). The Tribunal was therefore right when it entertained the Motion for striking out the Petition, at the time it did, since it was challenging the jurisdiction of the Tribunal to entertain same.” PER A.D. YAHAYA, J.C.A
CASES CITED
None
STATUTES REFERRED TO
Constitution of The Federal Republic of Nigeria 1999 (as amended)
Electoral Act 2010
