PROF. STEVE TORKUMA UGBA VS GABRIEL TORWUA SUSWAM Archives - Legalpedia | The Complete Lawyer - Research | Productivity

CORAM

CLARA BATA OGUNBIYI, JUSTICE, SUPREME COURT

MARY UKAEGO PETER-ODILI, JUSTICE, SUPREME COURT

SULAIMAN GALADIMA, JUSTICE, SUPREME COURT

MARY UKAEGO PETER-ODILI, JUSTICE, SUPREME COURT

SULAIMAN GALADIMA, JUSTICE, SUPREME COURT

MARY UKAEGO PETER-ODILI, JUSTICE, SUPREME COURT

CLARA BATA OGUNBIYI, JUSTICE, SUPREME COURT

SULAIMAN GALADIMA, JUSTICE, SUPREME COURT

MARY UKAEGO PETER-ODILI, JUSTICE, SUPREME COURT

CLARA BATA OGUNBIYI, JUSTICE, SUPREME COURT

PARTIES

PROF. STEVE TORKUMA UGBAALL PROGRESSIVES CONGRESS (APC) APPELLANTS

GABRIEL TORWUA SUSWAM

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Supreme Court dismissed the Appellant/Applicant’s appeals NOS. S.C/191/2012 and S.C/191A/2012 on the ground that the said appeals were not determined by the election petition tribunal within 180 days in consonance with S. 285(6) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The Appellant/Appellants, whose election petition was initially ordered by the Supreme Court to start de novo and to be tried on merit, filed a motion praying the Supreme Court for an order setting aside its rulings since its judgment in the case of ANPP V. Goni to the effect that an election petition must be completed within 180 days, was made after an order by the supreme Court that the Appellants/Applicants’ petition should start de novo and be tried on merit by the trial Tribunal.

HELD

Application Dismissed.

ISSUES

1. Whether in the circumstances of this matter the applicants have satisfied the conditions to warrant this court in setting aside its Ruling delivered on 8th June, 2012.?

RATIONES DECIDENDI

SETTING ASIDE OF JUDGMENT- INHERENT JURISDICTION OF THE SUPREME COURT TO SET ASIDE ITS JUDGMENT

“This court has an inherent jurisdiction to set aside its judgment or decision that is a nullity, or obtained by fraud or deceit or where the court was misled in any material particular or where the judgment was given in the absence of jurisdiction or where there was an obvious miscarriage of justice”. PER OKORO JSC

DECISION OF COURT – DISTINCTION BETWEEN A DECISION THAT IS A NULLITY AND A DECISION THAT IS ERRONEOUS IN LAW

“Whereas a null judgment is one given by the court without jurisdiction or competence or when a condition precedent for the court to assume jurisdiction has not been fulfilled, an erroneous judgment in law is a judgment delivered by a court of competent jurisdiction which is therefore subject to appeal in order to correct the error by setting same aside”. PER ONNOGHEN JSC

TRIBUNAL – NECESSITY OF AN ELECTION PETITION TRIBUNAL TO DELIVER ITS JUDGMENT WITHIN 180 DAYS

“The Constitutional mandate and also its enforcement are well pronounced and enunciated in various judicial authorities by this court wherein imposition is placed upon the tribunal to deliver its judgment within 180 days from the date of filing a petition”. PER OGUNBIYI JSC

ACADEMIC SUIT- ATTITUDE OF THE COURT TOWARDS ACADEMIC SUITS

“Clarion calls are made in loud and clear terms that there must be an end to litigation. It is unfortunate that the call appears as if it is a lone voice sounding only in the wilderness and not within human hearing. Decisions in case laws are meant to speak volume both in the given situation and for future guidance. Counsel is well advised to desist from filing unnecessary suits which are merely academic and yielding no benefits but mere waste of quality time”. PER OGUNBIYI JSC

ACADEMIC EXERCISE- WHEN IS AN ACTION OR AN APPEAL ACADEMIC

“Where an action or an appeal has no practical or utilitarian value to the appellant, any judgment given in his favour will certainly render such an appeal or action merely academic which this court had warned consistently, without mincing words, that such venture should not be embarked upon”. PER OGUNBIYI JSC

SETTING ASIDE OF JUDGMENT- CONDITIONS WHERE THE SUPREME COURT CAN SET ASIDE ITS OWN JUDGMENT

“However and that notwithstanding, there is also a rider or a caveat which holds secure that in appropriate cases, it is expedient that the court, in the exercise of its inherent powers, can set aside its Ruling or judgment provided the circumstance calling for such order has satisfied the stringent conditions that the judgment or ruling is a nullity; that such decision was obtained by fraud; and that the court was misled in delivering the said judgment or ruling”. PER OGUNBIYI JSC

JURISDICTION – EFFECT OF JURISDICTION WHERE CREATED BY STATUTES AND WHERE NOT CREATED BY STATUTES

“Jurisdiction which is a creation of statute serves an authenticating mandate; it is also obvious that where a statute does not create jurisdiction, then it does not exist”. PER OGUNBIYI JSC

SETTING ASIDE OF JUDGMENT- WHETHER THE SUPREME COURT HAS JURISDICTION TO SET ASIDE ITS OWN JUDGMENT

“The principle is well established that this court has no jurisdiction to set aside its ruling or judgment if properly made in the exercise of its powers and jurisdiction”. PER OGUNBIYI JSC

PRELIMINARY OBJECTION – EFFECT OF UPHOLDING A PRELIMINARY OBJECTION

“It is the practice by this court after upholding the preliminary objection of a Respondent to automatically terminate the appeal and thus striking out same”. PER OGUNBIYI JSC

SETTING ASIDE OF JUDGMENT- INSTANCES WHERE THE SUPREME COURT CAN SET ASIDE ITS DECISION

When this Court has decided on an issue, such decision is final and the court lacks jurisdiction to sit on appeal over its decision once it has been delivered unless exceptional circumstances are shown such as-
(a) When the judgment was obtained by fraud or deceit;
(b) When the judgment is a nullity
(c) When it is obvious that the court was misled into giving judgment under a mistaken belief that the parties consented to it”. PER AKAAHS JSC

CONSTITUTION- SUPREMACY OF THE CONSTITUTION IN CONFERMENT OF JURISDICTION

“The supremacy of the Constitution is obvious as being the only instrument which is imbued with absolute power to create and confer jurisdiction. It is the ultimate and can be compared to none”. PER OGUNBIYI JSC

SUPREMACY OF THE CONSTITUTION – CONSTITUTIONAL DIVISION OF POWERS BETWEEN THE EXECUTIVE, LEGISLATURE AND JUDICIARY

“The Constitution sets up a Federal system by dividing powers between the Federal and State Governments. It establishes a National Government divided into three independent branches. The Executive branch enforces the law. The legislative branch makes the laws, while the Judiciary explains the law. There is no document superior to the Constitution in Democratic Governance. It is the heart and soul of the people. That explains why the Constitution commences with:
We the people of the Federal Republic of Nigeria having firmly and solemnly resolved:

All provisions in the Constitution were put in by the accredited representatives of the people – The legislature. For as long as they are not amended by the legislature provisions in the Constitution remain sacrosanct. It is the duty of the Judiciary to interprete provisions of the Constitution and in doing so the intention of the legislature must be established not the intention of the judge or how the judge would like it to be”. PER RHODES-VIVOUR JSC

DECISION OF COURT- A DECISION THAT IS A NULLITY IS NOT THE SAME AS AN ERRONEOUS DECISION

“It is settled law that a decision that is a nullity is not the same as a decision that is erroneous in law but given by the court within its jurisdiction”. PER ONNOGHEN JSC

JUDGMENT OF COURT- UNCONSTITUTIONALITY OF COURT REVIEWING ITS JUDGMENT

“There is no constitutional provision enabling this court to review its judgment once delivered. Whenever this court decides on an issue and is truly embodied in some judgment or order, then the court cannot reopen the matter and cannot substitute a different decision in place of the one which had been recorded. If the judgment so given captures the intention of the court in the matter, that is the end of the duty of this court. However, where the decision does not capture the intention of the court, Order 8 Rule 16 of the Supreme Court Rules 1985 (as amended) enables this court to make necessary corrections and nothing more”. PER OKORO JSC

CASES CITED

Alhaji Taofeek Alao V. African Continental Bank Ltd (2000) 9 NWLR (pt. 672) 264.ANPP V. Goni (2012) 1 NWLR (Pt. 1298) P. 147 at 181.Chukwuka & Ors V. Ezulike & Ors (1986) NSCC Vol 17 part II page 1347.Ministry of Lagos Affairs, Mines & Power and Anor. V. Chief O. B. Akinolugbade (1974) 11 SC 9 at 14Igwe V. Kalu (2002 14 NWLR (Pt. 787) p. 435

STATUTES REFERRED TO

Supreme Court Act 2004

Supreme Court Rules 1999

The 1999 Constitution of the Federal Republic of Nigeria

CLICK HERE TO READ FULL JUDGMENT

May 10, 2025

PROF. STEVE TORKUMA UGBA VS GABRIEL TORWUA SUSWAM

Legalpedia Citation: (2014-05) Legalpedia (SC) 81791 In the Supreme Court of Nigeria Fri May 9, 2014 Suit Number: SC. 191 & 191A/2012 CORAM CLARA BATA OGUNBIYI, JUSTICE, […]