ALL PROGRESSIVE GRAND ALLIANCE VS. SENATOR CHRISTIANA N.D. ANYANWU

CORAM

ALOYSIUS I. KASTINA-ALU,JUSTICE, SUPREME COURT

SAMSON O. UWAIFO JUSTICE, SUPREME COURT

PARTIES

ALL PROGRESSIVE GRAND ALLIANCE (APGA)  APPELLANTS

SENATOR CHRISTIANA N.D. ANYANWU

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The 2nd Respondent instituted an action under originating summons contending that the 1st Respondent’s name ought not to have been submitted to the 3rd respondent as the appellant’s senatorial candidate for the Imo East Senatorial Zone Election in the 2011 general election because at the time of the primary election which took place on 14th January 2011, the 1st Respondent was not a member of the Appellant but an active member of another party, P.D.P. The trial Court struck out the Appellant’s originating summons on the grounds that it lacked jurisdiction to entertain same as the suit was contentious in nature and since nothing would be gained by ordering pleadings since the general elections were scheduled to take place in 7 days’ time. Aggrieved, the 1st Respondent appealed to Court of Appeal while the 2nd Respondent also cross-appealed. The Court of appeal upheld the cross-appeal and dismissed the appeal of the Appellant and remitted the case to the Trial Court for retrial. Dissatisfied, the Appellant further appealed to Supreme Court.

HELD

Appeal allowed.

ISSUES

1. Is it correct for the court below to determine this appeal on merit without settling the challenge of jurisdiction of the court below to hear and determine the suit itself?

2. Whether the question of membership of a political party is justiciable to invoke the jurisdiction of the court below to determine same under the procedure enacted by Section 31(5) of the Electoral Act, 2010 or at all?

RATIONES DECIDENDI

LACK OF JURISDICTION- EFFECT OF

“The law is that where the court lacks jurisdiction to entertain a cause or matter, the entire process, no matter how well conducted, is an exercise in futility, for the proceedings are a nullity ab initio.” PER MOTONMORI OLATOKUNBO KEKERE- EKUN, JSC

JURISDICTION OF A COURT-DETERMINATION OF-PROCESSES THE COURT SHOULD CONSIDER

“The law is settled that in determining the jurisdiction of a court to entertain a cause or matter, the processes to be considered by the court are the processes filed by the plaintiff or applicant i.e. the writ of summons and statement of claim, or as in the present case the originating summons and its supporting affidavit.” PER MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC

DECISION OF COURT-DECISION NOT APPEALED AGAINST-EFFECT OF

“It is a settled principle of law that a decision on any point of law or fact not appealed against is deemed to have been conceded by the party against whom it was decided and it remains valid and binding on all the parties.” PER MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC

POLITICAL PARTY-MEMBERSHIP OF-DOMESTIC AFFAIR OF THE PARTY-WHETHER THE COURTS WILL BE INVOLVED THEREWITH

“There is a plethora of decisions of this court to the effect that membership of a political party is the domestic affair of the party concerned and the courts will not be involved in deciding who the members of a political party are.” PER MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC

JURISDICTION-IMPORTANCE OF-EFFECT OF LACK OF JURISDICTION

“The law is by now well settled that jurisdiction is the lifeblood of any adjudication and where it is lacking it would render any proceedings, no matter how well conducted, liable to be set aside for being a nullity.” PER MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC

CASES CITED

Adeyemi Vs Opeyori (1976) 9-10 SC 31: Anyaduba & Anor. Vs N.R.T.C. Ltd. (1992) 5 NWLR (Pt.243) 535 @ 553 G – F:Elabanjo Vs Dawodu (2006) 15 NWLR (Pt.1001) 76:Inakoju Vs Adeleke (2007) 4 NWLR (PT.1025) 427 at 588FLado Vs C.P.C. (2012) ALL FWLR (Pt.607) 598 ® 622 – 623 C – D & F – H: (2011) 12 SC (Pt.III) 113 & 139 – 140Ogunyade Vs Osunkeye (2007) All FWLR (Pt.389) 1175 @ 1206 – 1207 H – B: Onibodu & Ors. Vs Akibu & Ors. (1982) 13 NSCC 199:Onuoha Vs Okafor (1983) 2 SCNLR 244: (1983) NSCC 494:P.D.P. Vs Sylva (2012) 13 NWLR (Pt.1316) 85Tukur Vs Governor Gongola State (1989) 4 NWLR (Pt.117) 517 Unity Bank Nig. Plc. Vs Bouari (2008) 7 NWLR (Pt.1086) 372 @ 400 B-C

STATUTES REFERRED TO

The Electoral Act 2010 (as amended)

The Court of Appeal Rules 2011

The 1999 Constitution of the Federal Republic of Nigeria

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