OSUN STATE INDEPENDENT NATIONAL ELECTORAL COMMISSION VS ATTORNEY-GENERAL OF OSUN STATE

CORAM

PARTIES

OSUN STATE INDEPENDENT NATIONAL ELECTORAL COMMISSIONATTORNEY-GENERAL OF OSUN STATE APPELLANTS

ATTORNEY-GENERAL OF OSUN STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent/ plaintiff in this case a local governor aspirant brought a petition against the appellant/ defendant claiming for a declaration that the provisions of the Osun State Independent Electoral Commission Laws were contrary to the provisions of the constitution that govern eligibility, qualification and disqualification of a candidate of a local government election and they questioned the authority of the Osun State Independent Electoral Commission to make declarations contrary to the provisions of the Constitution. In the trial court the declarations and injunctions of the respondent/ plaintiff were granted. Aggrieved by this decision the appellant/ defendant appealed the next day to the court of appeal and applied for a stay of execution pending the determination of the Appeal in the trial court which was granted. Up till 2008 the parties did not make any attempt to facilitate the entering of the case for trial at the court of appeal and the respondent/ plaintiff brought an application for an order to strike out of the case on grounds of lack of diligent prosecution which was granted. The parties have appealed to the Supreme Court contesting the validity of such order.

HELD

Appeal dismissed

ISSUES

1. Whether the Lower Court can safely assume jurisdiction over a substantive appeal that has not been entered and strike out same for lack of diligent prosecution under the Court of Appeal Rules 2002?

RATIONES DECIDENDI

THE INHERENT POWER OF THE COURT

“One of such inherent powers of the court is abuse of vourt process which simply means that the process of the courts must be used bonafide and properly and must not be abused. In this respect once a court is satisfied that any proceedings before it is an abuse of process, it has the power, and indeed a duty to terminate it” . Per Mahmud Mohammed, JSC

ABUSE OF COURT PROCESS

“The concept of abuse of judicial process is imprecise. It involves circumstances and situations of infinite variety and conditions. Its one common feature is the improper use of the judicial process by a party in litigation to interfere with the due administration of justice. It is recognised that the abuse of process may lie in both a proper or improper use of the judicial process in litigation. However, the employment of judicial process is only regarded as an abuse when a party improperly uses the issue of the judicial process to the irritation and annoyance of his opponent”. Per Mahmud Mohammed, JSC

CASES CITED

Saraki v Kotoye (1992) 9 N.W.L.R (Pt. 264) 156Central Bank of Nigeria v. Ahmed (2001) 11 N.W.L.R. (Pt. 724) 369 at 409Arubo v Aiyeleru (1993) 3 N.W.L.R (Pt. 280) 126 Okafor v Attorney General Anambra State (1991) 6 N.W.L.R. (Pt. 200) 659

STATUTES REFERRED TO

NONE

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