CHIEF UFIKAIRO MONDAY EFET VS INDEPENDENT NATIONAL ELECTORAL COMMISSION & 2 ORS

CORAM

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE SUPREME COURT

PARTIES

CHIEF UFIKAIRO MONDAY EFET APPELLANTS

INDEPENDENT NATIONAL ELECTORAL COMMISSIONPEOPLES DEMOCRATIC PARTYHON. CHARLES MBONG RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff avers that he was duly nominated the Peoples’ Democratic Party candidate for the Ikot Abasi Eastern Obolo State Constituency for the April, 2007 General Elections. However, the 2nd defendant sought to substitute him with the 3rd defendant without giving any cogent and verifiable reason for the substitution. The plaintiff went to court for perpetual injunction against the defendant amongst others. During the pendency of the suit, the election was conducted and the 3rd defendant emerged the winner. As a result of the election, the plaintiff sought amendment of his prayer. Which the trial judge refused, but on appeal, it was granted but the Court of Appeal refused to hear the substantive suit at the High Court stating that there were not enough material evidence to determine the case. The Court of Appeal remitted the matter to the High Court. Dissatisfied, the appellant has appealed.

HELD

Appeal dismissed

ISSUES

None.

RATIONES DECIDENDI

PRELIMINARY OBJECTION MUST BE HEARD FIRST

“It is trite law now that where a Notice of Preliminary Objection is filed and moved before a court of law, the court is duty bound to consider the Preliminary Objection before venturing into the main or cross-appeal, as the case may be.”

ESSENCE OF PRELIMINARY OBJECTION

“The aim/essence of a preliminary objection is to terminate at infancy, or as it were, to nib it at the bud, without dissipating unnecessary energies in considering an unworthy or fruitless matter in a court’s proceedings. It, in other words, forecloses hearing of the matter in order to save time.”

FACTS ADMITTED

“The law is well settled that any fact which has not been categorically countered or denied by a party, that fact is deemed admitted in law by the other party.” PER MUHAMMAD JS
NATURE OF APPEAL “An appeal is generally taken to be a continuation of the original case started at the first instance court. It is not a new cause of action.”

CASES CITED

AGBAREH & ANOR V. MIMRA & ORS. [2008] 1 SCNJ. 409|YARO V. AREWA CONSTRUCTION LTD.& ORS. [2007]6 SCNJ 418.|Nzeribe v. Dave Eng. Co. Ltd (1994) 8 NWLR (Pt.361) 124|Oredoyin v. Arowolo (1989) 4 NWLR (Pt.114) 171 at p.211

STATUTES REFERRED TO

Evidence Act, LFN, Cap.112, 1990.|

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