SENATOR ALPHONSUS IGBEKE V. LADY MARGERY OKADIGBO

CORAM

PARTIES

SENATOR ALPHONSUS UBA IGBEKE APPELLANTS

LADY MARGERY OKADIGBO

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

This is an appeal against the decision of the Court of Appeal that set aside the decision of the trial court which recognized the appellant as the rightful candidate for the Anambra North Senatorial seat at the April 2011 General Elections

HELD

Appeal Dismissed

ISSUES

1. Whether the question involved in this appeal having been completely and conclusively dealt with in SC.69/2012 are still live issues and/or triable before this court?

2. Whether or not this appeal as presently constituted is not an abuse of court process?

RATIONES DECIDENDI

RES JUDICATA-HOW TO SUSTAIN-WHETHER CAN AMOUNT TO ABUSE OF COURT PROCESS

A plaintiff cannot bring an action based on an issue that has been completely and conclusively determined by a court of competent jurisdiction with certainty and solemnity. This is because that will suggest that the action he has brought is abuse of the process of the court”. – Per S. Galadima JSC

RES JUDICATA -PLEA OF- EFFECT OF SUSTAINING A PRELIMINARY OBJEC TION ON

“The success of objection to the hearing of an appeal is a preemptive step which in effect will bring the litigation to an end. A plea of res judicata is a jurisdictional issue by which a court of law is being asked not to assume jurisdiction. A preliminary objection when successfully utilized is capable of determining the proceedings in limine”. – Per S. Galadima JSC

ABUSE OF COURT PROCESS-CONCEPT OF

“The concept of abuse of judicial process is not precise. It involves some circumstances and situations such as in the instant case, but that can be of infinite varieties and conditions”. – Per S. Galadima JSC

RES JUDICATA – DOCTRINE AND APPLICATION OF

“For the doctrine to apply, it must be shown that:
i) The parties
ii) The issues, and
iii) The subject matter in the previous action were the same as those in the action in which the plea was raised.
Once these ingredients of res judicata are established the previous judgment estoppes the party from making any claim contrary to the decision in the previous case. Per S. Galadima JSC

CASES CITED

Long John v. Blakk (2005) 10 S.C 1 Ajiboye v. Ishola (2006) 6-7 SC. Balogun I Ode (2007) 1-2 SC. 230 Omnia Nig. Ltd v. DYK Trading Ltd (2001) 7 SC. 44 Ayuka v. Yonrin (2011) 10 NWLR (pt. 1254) 135 Ukaegbu v. Ugoji (1991) 6 NWLR (pt. 196) 127 Kwari v. Rago (2000) FWLR (pt. 22) 1121 Achinkpa v. Nduka (2001) 7 SC. (pt. 111) 126 Abalogun v. SPDC LP (2003) 6 SC. (Pt.1) 19 Iyaji v. Eyigebe (1987) 3 NWLR (pt. 61) 532

STATUTES REFERRED TO

NONE

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