May 18, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 01111 In the Supreme Court of Nigeria Tue Apr 24, 2012 Suit Number: SC. 480/2011 SC. 11/2012 CORAM PARTIES OCHEJA EMMANUEL DANGANA APPELLANTS […]
CORAM
PARTIES
OCHEJA EMMANUEL DANGANA APPELLANTS
HON. ATTAI AIDOKO ALI USMAN & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant and 1st Respondent were Senatorial candidates representing their parties, for the Kogi East Senatorial District. The Appellant was declared the winner of the Election. The 1st Respondent being dissatisfied with the outcome of the election filed a petition with other Respondents at the Election Petition Tribunal sitting at Lokoja to challenge the declaration and return of the Appellant.
The Tribunal dismissed the petition of the 1st and 2nd Respondents by identifying the issues raised as pre-election issues. The Respondent appealed to the Court of Appeal against the decision of the Tribunal where the appeal was allowed the court held among other things that the Appellant as at the time of the Election was not qualified to contest the election. Hence, the Appellant further appealed to the apex court.
HELD
Appeal struck out ?
ISSUES
NONE
RATIONES DECIDENDI
ABSENCE OF JURISDICTION –EFFECT OF ABSENCE OF JURISDICTION
‘‘Once a court has no jurisdiction, a party cannot use any statutory provision or common law principle to impose it because absence of jurisdiction is irreparable in law. The matter ends there. Madukolu v. Nkemdilim (1962) 2 SCNLR 341.Ibeanu v. Ogbeide (1994) 7 NWLR (pt.359) pg.697.Peenok Investment Ltd. v. Hotel Presidential Ltd. (1982) NSCC pg.477’’ PER ADEKEYE, JSC
APPELLATE JURISDICTION- THE EXERCISE OF APPELLATE JURISDICTION BY A COURT IS STATUTORY.
“It is also settled law that the exercise of appellate jurisdiction by a court/tribunal is entirely statutory as an appellate court derives its jurisdiction either from the statute/constitution creating it and/or any other enabling statutory powers/enactments.” PER ONNOGHEN, JSC
POWER CONFERING JURISDICTION ON COURT
“The unique aspect of jurisdiction is that courts are set up by the Constitution, Decrees, Laws, Acts and Edicts. They cloak the court or tribunal, the court and the parties cannot by agreement endow itself with jurisdiction. The jurisdiction of the court is confined, limited and circumscribed by the statute creating it” PER ADEKEYE JSC
INTERPRETATION OF STATUTE -WHERE WORDS OF A STATUTE ARE CLEAR AND UNAMBIGUOUS EFFECT MUST BE GIVEN TO THEM EVEN IF IT PRODUCES HARSH RESULT.
‘‘ Furthermore, where the words of a stature are clear, unambiguous and unequivocally express the intention of the lawmakers, effort must be given to them irrespective of whether that produces a harsh or inconvenient result. In the instant appeals, the provisions of the foregoing section are clear and unambiguous. The words of the provision ought to be accorded their simple grammatical meaning.A-G Bendel State v. A-G Federation (1982) 3 NCLR 1. Imah v. Okogbe (1993) 9 NWLR (pt.316) pg.159, Obomhense v. Erhabor (1993) 7 NWLR (pt.303) pg.22.’’’ PER ADEKEYE, JSC
ISSUE OF JURIDICTION TO BE SETTLED FIRST
“It is mandatory and very crucial that courts decide the issue of jurisdiction before looking into the extent of judicial power exercisable under that jurisdiction. At the commencement of a trial, particularly where there is a challenge to the jurisdiction of a court, the court must first assume jurisdiction to consider whether it has or lacks jurisdiction” PER ADEKEYE JSC
JURISDICTION AND COMPETENCE – MEANING OF JURISDICTION AND COMPETENCE
‘‘Jurisdiction on a broad perception encompasses legal capacity, power or authority of a court. Competence of a court is the handmaid of jurisdiction of a court. A court must have both jurisdiction and competence to be properly seised of a cause or matter. Jurisdiction in that sense means the legal capacity, power or authority vested in it by the Constitution or statute creating the court.’’ PER ADEKEYE, JSC
APPEALS ARISING FROM ELECTION PETITION – COURT CLOAK WITH JURISDICTION TO ENTERTAIN APPEALS ARISING FROM ELECTION PETITION
‘‘By virtue of Section 246 (1) (b) (i) and (3) of the 1999 Constitution, the Court of Appeal has the mandate to decide an appeal arising from an election petition and shall be the final court. Whether it did so perfectly, rightly or wrongly, the decision it arrives at cannot be taken on appeal to the Supreme Court for consideration. The Supreme Court cannot entertain appeals which it has no jurisdiction to adjudicate upon.’’ PER ADEKEYE, JSC
JURISDICTION- IMPORTANCE OF JURISDICTION
“It is settled law that jurisdiction is the life blood of any adjudication because a court or tribunal without jurisdiction is like an animal without blood, which means it is dead. A decision by a court or tribunal without requisite jurisdiction is a nullity – dead – and of no legal effect whatsoever. That is why an issue of jurisdiction is crucial and fundamental in adjudication and has to be dealt with first and foremost.” PER ONNOGHEN, JSC
LITERAL RULE OF INTERPRETATION- COURTS MUST INTERPRETE THE CONSTITUTION IN ACCORDANCE WITH THE INTENDMENT.
‘‘In the literal rule of interpretation, courts must interprete words in the Constitution in accordance with the intendment and certainly not in a way opposed to the purpose intended for the enactment. There should be no divergence but a strict confinement within the ordinary meaning of the words used in the Constitution unless that is at variance with the intention of the legislature to be gathered from the words used or leads to any manifest absurdity or repugnance. Fawehinmi v. I.G.P. (2000) 7 NWLR (pt.665) pg.481, Awolowo v. Shagari (1979) 6-9 SC 51.’’ PER ADEKEYE, JSC
INTERPRETATION OF THE CONSTITUTION
“In the interpretation of the constitution a judge should not only rely on the provisions of the constitution but also on our historical development as a people and the history before the constitution was enacted” PER RHODES-VIVOUR JSC
JURISDICTION – PRINCIPLES THAT GUIDES THE COURTS WHEN DEALING WITH THE ISSUE OF JURISDICTION.
‘‘When dealing with the issue of jurisdiction or lack of it the courts are guided by some principles which are: –
a. Jurisdiction is a matter of substantive law no litigant can confer jurisdiction on the court where the constitution or statute or any provision of the common law says that the court does not have jurisdiction.
b. Jurisdiction cannot be assumed in the interest of justice.
c. Nothing shall be intended to be outside the jurisdiction of the superior court but that which specifically appears to be so and on the contrary nothing shall be intended to be within the jurisdiction of an inferior court but that which is expressly alleged.
d. Although courts have great powers yet their powers are not unlimited. Their jurisdiction is confined, limited and circumscribed by the statute creating it.
e. The court is not hungry after jurisdiction.
f. Judges have a duty to expound the jurisdiction of the court and not expand it as by so doing the court will be usurping the functions of the legislature.
g. A court cannot give itself jurisdiction by misconstruing a statute. African Newspapers of Nigeria v. Federal Republic of Nigeria (1985) 2 NWLR (pt.6) pg.137.’’ PER ADEKEYE, JSC
NATURE OF PRELIMINARY OBJECTIONS
“A preliminary objection is filed by a respondent against the hearing of an appeal. The main aim is to contend that the appeal is fundamentally defective or incompetent. If it succeeds the appeal abates.” PER RHODES-VIVOUR JSC
HOW A PRELIMINARY OBJECTION MAY BE RAISED IN AN ELECTION PETITION
“A preliminary objection to the hearing of an election petition appeal may be raised on the ground that this court has no jurisdiction to hear the appeal or that time within which to hear a matter had since run out” PER RHODES-VIVOUR JSC
LACK OF JURISDICTION – PROPER ORDER A COURT SHOULD MAKE WHERE IT LACKS JURISDICTION.
‘‘It is trite that where a court finds that it lacks jurisdiction to adjudicate on any matter, the proper order to make is an order of striking out. Saleh v. Monguno (2003) 1 NWLR (pt.801) pg.221. Okafor v. Nnaife (1973) 1 All NLR (pt.1) pg.238’’.PER ADEKEYE, JSC
CASES CITED
Bronik Motors ltd v. Wema Bank ltd 1985 6 NCLR pt 1Rabiu v. The State 1981 NCLR 293Afribank (Nig.) Plc v. Akwara [2006] 5 NWLR (pt 974) 619
STATUTES REFERRED TO
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