Legalpedia Citation: (2023-03) Legalpedia 12624 (SC)

In the Supreme Court of Nigeria

Holden at Abuja

Thu Mar 9, 2023

Suit Number: SC.CV/282/2023

CORAM

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JUSTICE SUPREME COURT

CHIMA CENTUS NWEZE JUSTICE SUPREME COURT

MOHAMMED LAWAL GARBA JUSTICE SUPREME COURT

ADAMU JAURO JUSTICE SUPREME COURT

TIJJANI ABUBAKAR JUSTICE SUPREME COURT

PARTIES

MANSUR ABBAS WAZIRI

APPELLANTS

1. FALALU BAKO BELLO
2. SANI UMAR (BLACK)
3. ALL PROGRESSIVES CONGRESS (APC)
4. INDEPENDENT NATIONAL ELECTORAL COMMISSION

RESPONDENTS

AREA(S) OF LAW

APPEAL, PRACTICE AND PROCEDURE, ELECTION PETITION

SUMMARY OF FACTS

The appellant was an aspirant who contested in the primary election of the third respondent to the Niger State House of Assembly conducted on 26^th May 2022for Kotangora I Constituency of Niger State, alongside the first and second respondents. The appellant claimed to have noticed some irregularities in the result of the primary election and written a petition to the party contesting same. He claimed that while awaiting the response of the party, he was informed that the party conducted another primary election and forwarded the name of the first respondent to INEC as its candidate for the Niger State House of Assembly, Kotangora I Constituency of Niger State. He claims the party never communicated or responded to his petition on the irregularities that marred the primary election.

 

He took his grievances to the Federal High Court, Abuja Judicial division where it was dismissed. He appealed to the court of Appeal but ended up with the same outcome and hence the instant appeal.

 

HELD

Appeal Dismissed

ISSUES

Ø Preliminary Objection

 

RATIONES DECIDENDI

NOTICE OF APPEAL – NOTICE OF APPEAL IS THE SPINAL CORD OF AN APPEAL

Now, as it is well-known, the Notice of Appeal, as the spinal cord of an appeal, is the forensic structure on which all subsequent processes in an appellate Court, such as this, derive their support, Aderibigbe and Anor v. Abidoye (2009) LPELR-140 (SC). As such, no such subsequent process can stand without the subsistence of such a valid structure in the nature of valid Court processes, Oketie v. Olughor (1995) 5 SCNJ 217); Thor Ltd. v. First City Monument Bank Ltd (2002) 2 SCNJ 85; Ebokam v. Ekwenibe and Sons Trading Co. Ltd. (1999) 7 SCNJ 77. – Per C. C. Nweze, JSC

 

PROCESSES – ALL PROCESSES BEFORE THIS COURT MUST REFLECT THE SAME TITLE AS THAT WHICH OBTAINED AT THE TRIAL COURT.

Order 2 Rule 8 of the Rules of this Court provides as follows:

8. Notices of Appeal, applications for leave to appeal, briefs and all other documents whatsoever prepared in pursuance of the appellate jurisdiction of the Court for filing in accordance with the provisions of these Rules, shall reflect the same title as that which obtained in the Court of trial….

In P. P. A v. INEC [2012] 13 NWLR (pt. 1317) 215, 237, this Court held that, in a situation such as the instant appeal, the “proper thing to do is to leave the parties on record intact notwithstanding the decision of the trial (Court) and state the name of the interested party and identify him as the applicant…” In other words, by virtue of Order 2 Rule 8 (supra), all the processes before this Court must “reflect the same title as that which obtained in the trial (Court).”

As this Court held in Apeh and Ors v. PDP and Ors (2016) LPELR-40726 (SC) [per Nweze, JSC]:

It cannot be otherwise for the character of any case at its inception remains so sacrosanct that only leave of Court can effect any alteration in the case of transfer, transmission of interest or any other form of alteration of the parties to the proceedings, PPA v. INEC [2012] 13 NWLR (pt 1317) 215, 236 -233, H-E.

I, accordingly, endorse learned counsel for the second and third respondent’s submission that “Falalu Bako Bello” has displaced Falalu Bako Mohammed by usurping his position in the proceedings before the trial Court and the lower Court, thereby rendering this appeal incompetent. The effect of it all is that this Court has been robbed of the jurisdiction to hear or entertain this appeal. This submission is in consonance with the rationale of all binding authorities, P.P.A. v. INEC (supra) at 236 – 237, 252; Ladoja v. Ajimobi and Ors (2016) LPELR- 40658 (SC); Apeh and Ors v. PDP and Ors (2016). – Per C. C. Nweze, JSC

CASES CITED

STATUTES REFERRED TO

 

1. Electoral Act, 2022
2. Civil Service Rules
3. APC Constitution
4. Constitution of the Federal Republic of Nigeria 1999 (as amended)
5. Legal Practitioners Act, Cap L11, Laws of the Federation of Nigeria, 2004.
6. Supreme Court Rules

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