OBONN EKPENYONG EFFIOM OKON VS DENO ENUO EYON AKOM EYO & 4 ORS

CORAM

THERESA NGOLIKA ORJI-ABADUA

PARTIES

OBONN EKPENYONG EFFIOM OKON APPELLANTS

1. DENO ENUO EYON AKOM EYO 2. OBONN EYO OUT EKPENYONG 3. OBONN OKON EBE OUT 4. OBONN EFIOM OKON ETOK 5. OBONN MBRUKEM ETOK (For and on behalf of Okoyong Council of Traditional Rulers and Chiefs) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant as the Plaintiff in the trial court claimed against the Respondents as Defendants a declaration that the Plaintiff is the one qualified and eligible for selection as the traditional ruler and not the Defendant and also an order of perpetual injunction restraining the Defendant from parading himself, installing himself and from performing the duties and responsibilities of the traditional ruler. The 2nd to 5th Respondents were joined on their application as co-defendants. Having been joined as co-defendants, the 2nd- 5th Respondents filed a motion dated 7/3/05 praying the Court to strike out the suit on the grounds that it is an abuse of process of Court and on the ground that the High Court has no jurisdiction to entertain the suit. The trial Court ruled in favour of the Respondents and struck out the Appellant’s suit. Aggrieved, the Appellant appealed to this Court.

HELD

Appeal disallowed

ISSUES

Whether this suit and HC 245/04 constitute an abuse of process of Court Whether the learned trial Judge was right to decline jurisdiction to hear and determine the case.”

RATIONES DECIDENDI

STATE HIGH COURT-CONSTITUTIONALITY OF THE POWERS OF STATE HIGH COURTS

“The powers vested in the State High Court, See Section 6(2)and Section 272(1) of the Constitution, being constitutional provisions, cannot be subjected to any law, as the Constitution is the supreme law of the land.” PER NWALI SYLVESTER NGWUTA, JCA

ABUSE OF COURT PROCESS-DEFINITION OF

“In the case of OKAFOR v. A.G.AND COMMISSIONER FOR JUSTICE,ANAMBRA STATE(supra) relied on by the learned trial Judge the Court defined abuse of process of Court thus:
“An abuse of the process of Court consists of an improper use of judicial process or process already issued to the irritation and annoyance of the opponent.” PER NWALI SYLVESTER NGWUTA, JCA

CASES CITED

Kodilinye v Odu(1936) 2WACA 336 AT 338Oba Felix Abidoye &Ors v Oba Jacob Alawode &Ors(2001) 85 LRCN736 at 749 and 751Okafor Ors v. A-G Anambra State &Ors (1991) 6-9 Nigeria Report of Appeal cases 108Re:Adewunmi(1988) 1 NWLR (Pt.83) 483; Saraki v. Nab Kotoye(1992) 1 NWLR (PT.216) 174.Universityof Lagos vs Olaniyan(1985) 5 NWLR (PT. 1)156;