HON. GOODLUCK NANA OPIA VS. INEC & ANOR

CORAM

MUHAMMAD SAIFULLLAH MUNTAKA-COOMASSIE

 SULEMAN GALADIMA

PARTIES

HON. GOODLUCK NANA OPIA APPELLANTS

 INEC & ANOR

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant filed an Originating Summons under S.68 (1) (c) of the Electoral Act (2010) (as amended) at the Federal High Court challenging the conduct of the supplementary election as well as the return of the 2nd Respondent as the winner of the supplementary election for Ohaji/Egbema State House of Assembly Constituency held on the 6th May, 2011. The 2nd Respondent filed a notice of preliminary objection challenging the jurisdiction of the Trial Court to entertain the suit as the relief sought by the Appellant has the similitude of a post- election matter. The Trial Court dismissed the suit for want of jurisdiction. Aggrieved, the Appellant appealed to Court of Appeal where the decision of the Trial Court was affirmed. The Appellant further appealed to Supreme Court.

HELD

Appeal dismissed

ISSUES

1. “Whether the Court of Appeal was right when it affirmed the decision of the trial court, wherein the said court declined jurisdiction to hear and determine the Appellants’ Amended Originating Summons.”?

RATIONES DECIDENDI

COMPETENCE OF A COURT- HOW DETERMINED

“A court is competent when, inter alia, a case comes before it, initiated by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction. As well, the subject matter must be cognizable by the court or Tribunal”. PER JOHN AFOLABI FABIYI, JSC

PRINCIPLE OF LAW-PURPORT OF UBI JUS UBI REMEDIUM

“The basic, broad, and general principle of law is contained in the old latin maxim – UBI JUS UBI REMEDIUM.”JUS” here signifies the legal authority to do or demand something and REMEDIUM means the right of action, or the means given by law for the recovery or declaration. Simply put, wherever the law gives a right, it also gives a remedy conversely, wherever a plaintiff is claiming a remedy, that remedy must be joined on a legal right.” PER SULEIMAN GALADIMA, JSC

ELECTION DISPUTES-JURISDICTION OF COURT TO DETERMINE SAME

“Section 285(1] (d) of the 1999 Constitution, having specifically conferred the power to decide disputes arising from the conduct of election on the Election Tribunal to the exclusion of the regular Courts, including the Federal High Court, the latter lacks the vires to decide election disputes”. PER SULEIMAN GALADIMA, JSC

GROUND OF APPEAL-NATURE OF

“A ground of appeal should be concisely and elegantly drafted and straight to the point so that the error complained of, be it of fact or law, is apparent on its face.” PER NWALI SYLVESTER NGWUTA, JSC

JURISDICTION-IMPORTANCE OF-WHEN SHOULD BE DETERMINED-EFFECT OF LACK OF JURISDICTION

“Jurisdiction is very basic in adjudicatory process. It has to be determined at the earliest opportunity, as done by the trial Federal High Court in this matter. Any defect in competence is fatal as same is extrinsic to adjudication”. PER JOHN AFOLABI FABIYI, JSC

EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS RULE -MEANING OF

“This means that the express mention of one thing in a statutory provision automatically excludes any other which otherwise would have been excluded by implication. PER JOHN AFOLABI FABIYI, JSC

CASES CITED

Ajayi v. Adebiyi (2012) ALL FWLR (pt. 634)1 at 30 ‘DAlhaji M. Abubakar V. Bebeji Oil & Allied Product Ltd & Ors (2007) 2 SCNJ. 170 Anaeze v. Anyaso (1993) 5 NWLR (Pt. 291).Buhari v. Dikko Yusuf (2003) 1 NWLR (Pt. 841) 446Gabiri Ogbimi v. Beauty Ololo & Ors (1993) SC.447 Madukolu v. Nkemdilim (1962) 2 SCNLR 341Oloba v. Akereja (1988) 3 NWLR (Pt. 84) 508Oloruntoba-Ohu & ors v. Abdul-Raheem & ors (2009) 13 NWLR (Pt. 1157) 83. PDP v. INEC (1999) 11 NWLR (Pt. 628) 200; Udoh v. Orthopaedic Hospital Management Board (1993) 7 NWLR (Pt 304) 139?

STATUTES REFERRED TO

Electoral Act 2010 (as amended)

Supreme Court Act

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

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