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CORAM

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE, SUPREME COURT

STANLEY SHENKO ALAGOA, JUSTICE, SUPREME COURT

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE, SUPREME COURT

PARTIES

ABIA STATE INDEPENDENT ELECTORAL COMMISSION APPELLANTS

KANU & ORS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs/Respondents instituted this action at the Federal High Court claiming that by virtue of section 7(4) of the 1999 Constitution, Section 10(1)(2)(3)(4) of the Electoral Act 2006, Section 11(4) of the Electoral Act 2006 and S. 16 of the Electoral Act, 2006, Abia State Independent Electoral Commission has no power to conduct elections for Local Government Councils on the 19th day of May, 2007 in the absence of Voters’ register, that any purported method for the conduct of the forthcoming Local Government elections which runs contrary to the provisions of the Electoral Act, 2006 and the 1999 Constitution is unconstitutional, null and void. The Plaintiffs/Respondents also sought for an order of mandatory injunction retraining Abia State Independent National Electoral Commission from holding and or conducting Local Government elections in Abia State on the 19th day of May, 2007 or any other date until the voters register is dully corrected, updated and issued by the Independent National Electoral Commission. The trial court by an interim order restrained the Appellant from conducting the Local Government election on the 19th day of May, 2007. The Appellant subsequently filed a motion on notice challenging the jurisdiction of the Federal High Court to entertain the suit which was dismissed by the court. The Appellants appealed to the Court of Appeal and the lower court dismissed the appeal. The Appellant has further appealed to this court.

HELD

Appeal Dismissed

ISSUES

1. Whether the lower court was right in affirming the decision of the trial court that it had jurisdiction to entertain the suit?

RATIONES DECIDENDI

PLEADINGS – A PARTY IS FREE TO PLEAD IN THE ALTERNATIVE, SEPARATELY AND DISTINCTLY

“It is trite law that a party is free to plead in the alternative, separately and distinctly as done by the respondents in relief 4. See: Egbe v. Adefarasin (1987) 1 NWLR (Pt.47)1; Metal Construction v. Aboderin (1998) 6 SCNJ 161.”PER I. T. MUHAMMAD, JSC

DETERMINATION OF JURISDICTION – IT IS THE PLAINTIFFS CLAIM THAT DETERMINES THE JURISDICTION OF A COURT

“It is well settled on the authorities that it is the Plaintiffs claim that determines the jurisdiction of a Court. See Anya V. Iyayi (1993) 7 NWLR PART 305 page 290; A.G. Kwara State V. Warah (1995) 7 NWLR (Part 405) 121; Anigboro V. Sea Trucks Nig. Ltd (1995) 6 NWLR (PART 399) 43; Onuora V. Okeke (2005) 10 NWLR (Part 932) 47.”PER STANLEY SHENKO ALAGOA, JSC

JURISDICTION OF THE STATE HIGH COURT – THE STATE HIGH COURT LOSES JURISDICTION ONCE ANY OF THE PARTIES BEFORE THE COURT IS THE FEDERAL GOVERNMENT OR ITS AGENCIES

“Once any of the parties before a state High Court is the Federal Government or any of its Agencies, the State High Court loses jurisdiction. It is the Federal High Court, by virtue of Section 251 of the Constitution and the interpretation given by this court to that section and or other related sections or statutes that can lawfully exercise jurisdiction thereon”. PER I. T. MUHAMMAD, JSC

DETERMINATION OF JURISDICTION – THE COURT MUST EXAMINE THE NATURE OF CLAIMS BEFORE IT IN DETERMINING WHETHER IT HAS JURISDICTION

“The well founded principle of the law is that in the determination of whether a court has jurisdiction or not to try a matter placed before it, such a court must examine the nature of the claims. See: Adeyemi & Ors v. Opeyori (1976) 9 -10 SC 31; W. S. W. Ltd. v. Iron & Steel Workers Union of Nigeria & Ors (1987) 1 NSCC 133 at p.140; Oduku v. Govt. of Ebonyi State (2009) 9 NWLR (Pt.1147) 439 at 452 F-G; Obi v. INEC (2007) 45 WRN 1 at 66.”PER I. T. MUHAMMAD, JSC

CASES CITED

STATUTES REFERRED TO

Constitution of The Federal Republic of Nigeria, 1999 (as amended)

Electoral Act, 2006

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May 15, 2025

ABIA STATE INDEPENDENT ELECTORAL COMMISSION V KANU & ORS

Legalpedia Citation: (2013-05) Legalpedia (SC) 19117 In the Supreme Court of Nigeria Fri May 10, 2013 Suit Number: SUIT No: SC.58/2009 CORAM CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE, SUPREME […]