Hon. Bayo Adegbola V. Hon. Godwin Osiyi & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJJO MUHAMMAD, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Abuja Division, delivered on the 4th November, 2016 affirming the ruling of the Federal High Court sitting at Lokoja, dated 15th November 2015. The brief facts of the case that brought about the appeal are as herein under supplied.

The 2nd respondent’s primary election for the nomination of its Ogori/Magongo Kogi State Constituency candidate in the 11th April, 2015 House of Assembly General Elections, eventually held on 11th December 2014. With the victory of the 1st respondent at the primary election, the 2nd respondent forwarded his name to the 3rd respondent, the Independent National Electoral commission, as the party’s candidate in respect of the Ogori/Magongo State Constituency in the forthcoming House of Assembly General Election. Aggrieved by this turn of events, the appellant, by way of an originating summons at the Lokoja Division of the Federal High Court, challenged the nomination of the 1st respondent as the 2nd respondent’s candidate at House of Assembly election in respect of the Ogori/Magongo State

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Constituency.

In addition to contesting appellant’s claim, the 1st respondent by way of preliminary objection challenged the competence of the suit. In its ruling of 19th November 2015, the trial Court sustained the objection and struck out the suit for want of jurisdiction. Dissatisfied, the appellant appealed against the ruling at the Court of Appeal, Abuja Division, hereinafter referred to as the Court below. In a considered judgment delivered on 4th November 2016, the Court sustained the trial Court’s decision and dismissed appellant’s appeal. The appellant has now appealed against the judgment of the Court of Appeal upon his notice filed on 17th November, 2016.

Having issued a notice of preliminary objection against the competence of the appeal, the 1st respondent proceeded to argue the objection in his brief of argument settled by Emeje Aruwa Esq of counsel. Appellant’s reply brief, which was like his main brief, settled by Ameh Anthony Prince Esq, contain his response to the 1st respondent’s arguments in respect of the preliminary objection to the competence of the appeal.

Jurisdiction, this Court has held in a plethora of cases, is the

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very basis on which any Court or Tribunal, including the Apex Court, tries a case. It is the lifeline of all trials as a trial without jurisdiction is a nullity. In order to save time and costs and to avoid a trial of a nullity, 1st respondent’s preliminary objection will be determined first. See NDIC v. CBN and Anor (2002) 3 SC, Petrojessica Enterprises Ltd V. Leventis Technical Company Ltd (1992) LPELR-2915 (SC).

In the preliminary objection, the 1st respondent’s seeks the following:-

“1. An order striking out this appeal, the Appellant having failed to serve the Notice of Appeal on the 1st respondent as required by the Rules of this Court.

2. An order striking out this Appeal for want of jurisdiction as the Appellant’s Notice of Appeal filed is defective and incompetent having failed to state the address of the parties interested in the appeal as mandatorily required by the Supreme Court Rules.
3. An order striking out Grounds 1, 2, 5 and 6 of the Notice of Appeal.”

The Court of Appeal’s judgment being appealed against, learned counsel submits, was delivered on the 4th of November 2016. Since that date, on Notice of Appeal, it is

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