May 18, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 12111 In the Supreme Court of Nigeria Fri Apr 13, 2012 Suit Number: SC. 139/2008 CORAM SULAIMAN GALADIMA JUSTICE, SUPREME COURT FRANCIS […]
CORAM
SULAIMAN GALADIMA JUSTICE, SUPREME COURT
FRANCIS EEDODE TABAI JUSTICE, SUPREME COURT
PARTIES
OSHIEZE VINCENT AKUJOBI EHIRIM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff/ respondent instituted an action in the High Court of Imo State, Owerri Judicial Division for a declaration that the Plaintiff is entitled to hold office as Chairman of Owerri Municipal Local Government Council for 3 years commencing on the 24th day of June, 2005, also that the 1st Defendant is incompetent to conduct any election for the purpose of electing the Chairman of Owerri Municipal Local Government Council on the 24th day of February, 2007 or any other date before the expiration of the Plaintiff’s tenure. The 1st – 3rd defendants raised preliminary issues that the court lacked jurisdiction to entertain the suit, and that the suit was speculative and therefore incompetent, and that the term of the plaintiff commenced on the date the term of the councilors commenced. The high court held that it lacked jurisdiction and struck out the case. The plaintiff/ respondent as appellant appealed to the court of appeal, the appeal was allowed in favour of the plaintiff/respondent, thus further appeal to the Supreme Court.
HELD
The court held that the appeal had no merit and substance and wasdismissed Issues:”Whether the Court of Appeal was not Wrong when in determining the 3 year Tenure of the Appellant as Chairman Owerri Municipal Local Government Council failed to exclude the period the Appellant was unlawfully kept out of Office.”
ISSUES
NONE
RATIONES DECIDENDI
DUTY OF AN APPELLATE COURT ACTING AS THE TRIAL COURT
“where an appellate court wears the toga of a trial court, a power that is conferred upon ii by law, as was done in this case, the appellate court is required to confine itself within the evidence before the trial court” PER A. M. MUKHTAR, CON, CFR.
CASES CITED
Texaco Panama Incoporation (Owners of the Vessel “M. V. Stautulsa) v. Shell Petroleum Development Corporation of Nigeria Ltd 2002 5 NWLR part 759 page 209, Adejumo Military Governor Lagos State 1972 3 SC. 45, and Owena Bank (Nig.) PLC v. NSE Ltd 1997 8 NWLR part 515 page 1. Ladoja v. INEC 2007 12 NWLR part 1047 page 119
STATUTES REFERRED TO
Section 23 of the Imo State Local Government Administration Law