Legalpedia Citation: (2010) Legalpedia (SC) 15114
In the Supreme Court of Nigeria
Fri Dec 17, 2010
Suit Number: SC.265/2009
CORAM
MARIAM ALOMA MUKHTAR, JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
MARIAM ALOMA MUKHTAR, JUSTICE, SUPREME COURT
MARIAM ALOMA MUKHTAR, JUSTICE, SUPREME COURT
MARIAM ALOMA MUKHTAR, JUSTICE, SUPREME COURT
MARIAM ALOMA MUKHTAR, JUSTICE, SUPREME COURT
MARIAM ALOMA MUKHTAR, JUSTICE, SUPREME COURT
PARTIES
OSUN STATE INDEPENDENT ELECTORAL COMMISSION ATTORNEY-GENERAL & COMMISSIONER FOR JUSTICE
APPELLANTS
ACTION CONGRESS & 2ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent as plaintiff sought a declaration at the trial court that Osun State INEC couldn’t validly conduct an election without giving the statutory notice. The trial court partially granted his application, dissatisfied, he successfully appealed to the court of appeal. The defendants have now appealed to the Supreme Court
HELD
Appeal dismissed
ISSUES
1. Whether section 10 of the Osun State Electoral Law 2002 is not void, null and unconstitutional in view of the provisions of section 31 of the Electoral Act 2006.?
2. Whether the National Assembly has the power to make laws for the procedure for the conduct of the Local Government Council election.?
RATIONES DECIDENDI
BREACH OF FUNDAMENTAL HUMAN RIGHTS:LIMIT.
Courts, indeed this court, as a court of last resort, will not aid an indolent. It does not lie in their mouth to, complain of breach of their fundamental human rights to fair hearing having by themselves stayed away from the court and allowed the appellants in the first appeal to fight their battle for them. Per MUNTAKA-COOMASSIE J.S.C
IMPORTANCE OF MARGINAL NOTES IN SECTIONS.
Marginal notes are useful in considering the pnrpose of a section and the mischief at which it is aimed. Per MUNTAKA-COOMASSIE J.S.C
POWER OF NATIONAL ASSSEMBLY TO REGULATE LOCAL GOVERNMENT ELECTIONS.
By virtue of the provisions of section 121 of the 1999 Constitution and paragraph 11 and 12 of the second schedule to the 1999 Constitution, the National Assenmbly has the powers to make laws to regulate the procedure for the conduct of election to the Local Government Council. Per MUNTAKA-COOMASSIE J.S.C
APPEAL :MEANING
An appeal is generally regarded as a continuation of an original suit rather than as an inception of a new action. Per MUNTAKA-COOMASSIE J.S.C
CASES CITED
1. Olaiya v. Alagbe (1983) 2 SCN R35 at 57
2. Attorney-General Abia State v. Attorney-General of the Federation (2002) 6 NWLR (Pt. 763) 2463. NDIV v. SBN Plc (2003) 1 NWLR (Pt. 801) 311
4. Oredoyin v.Arowolo (1984 4 NWLR (Pt. 114 172;
5. Babalola v. The State (1989) 4 NWLR (Pt. 115) 264;
6. Jumbo v. Bryanko Int. Ltd. (1985) 6 NWLR (Pt. 403) 545
7. Ngige v. Obi (2006) 14 NWLR (Pt. 999)1.
STATUTES REFERRED TO
1. Electoral Act 2006
2. Constitution of the Federal Republic of Nigeria 1999