May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 51911 In the Supreme Court of Nigeria Fri Feb 19, 2010 Suit Number: SC.261/2008 CORAM PARTIES NJIDEKA EZEIGWE APPELLANTS CHIEF BENSON CHUKS NWAWULU […]
CORAM
PARTIES
NJIDEKA EZEIGWE APPELLANTS
CHIEF BENSON CHUKS NWAWULU & ORS.
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st respondent claimed at the trial court that he was the proper candidate nominated by PDP. The federal high court struck out the suit for want of jurisdiction. The court of appeal upheld the appeal and upturned the decision of the lower court. The appellant has further appealed.
HELD
Appeal dismissed
ISSUES
1. Whether the Court of Appeal was right to have decided the matter on originating summons.?
2. Whether the Court of Appeal was right to have held that the 1st respondent was wrongly substituted, ?and,
3. Whether the Court of Appeal was right to have invoked section 15 of the Court of Appeal Act to decide the matter before it when the appellants were not heard thereon. ?
RATIONES DECIDENDI
COMMENCEMENT OF ACTION – ORIGINATING SUMMONS: WHEN APPLICABLE.
“Originating Summons procedure is adopted where the sole or principal question at issue is, or is likely to be that of the construction of a written law or of any instrument made under any written law; or where there is likely to be no or any substantial dispute of fact law or of any deed, will, contract or other document or some other question relevant to the determination of the issue in controversy”. Per Onnoghen J.S.C
TIME LIMIT FOR POLITICAL PARTIES TO SUBMIT LIST OF CANDIDATES UNDER 2006 ELECTORAL ACT.
“A political party must submit its list of candidates for any election 120 days before the date appointed by the provisions of the Electoral Act, 2006 for a general election.” Per Onnoghen J.S.C
POLITICAL PARTIES DETERMINE THEIR CANDIDATES.
“It is settled law that the question of who is a candidate of any political party for any election remains the exclusive preserve of the political parties and that the courts have no jurisdiction to determine the issue”. Per Onnoghen J.S.C
CONDITIONS FOR POLITICAL PARTIES TO SUBSTITUTE CANDIDATES UNDER ELECTORAL ACT 2006.
“A political party intending to substitute a candidate for any election except, in the case of the death of the candidate to be substituted must fulfill two conditions; to wit:
(a) Inform the Commission (INEC) in writing of the change not later than 60 days to the election; and
(b) Give cogent and verifiable reasons in the application for substitution for the intended substitution”. Per Onnoghen J.S.C
CASES CITED
National Bank of Nigeria Ltd vs. Alakija (1979) 9-10 S.C 59
STATUTES REFERRED TO
1. Electoral Act, 2006