Hon. Okwudili Christopher Ezenwankwo v. APGA & Ors. (2022) LLJR-SC

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment)

This appeal is against the judgment of the Court of Appeal, Awka Division delivered on 18/2/2022 wherein the court overruled the decision of the trial court declining jurisdiction to hear the suit on the ground that it was statute barred and that the issue in contention was not justiciable, as it relates to the internal affairs of the party.

The court below held that the complaint before the trial court was against the primary election held on 23rd June 2021 and not the failure to hold ward congresses on 15th and 16th June 2021 (which would have qualified as the internal affair of the party). It held that in the circumstances, the suit, which was filed on 5/7/2021was filed within the time stipulated in section 285(9) of the 1999Constitution, as amended.

The appeal was allowed on that ground.The court however held that it could not remit the case to thetrial court to be heard on its merit because the 180-day time limitfor the disposal of pre-election matters as provided for in section285(10) of the Constitution, as amended, had lapsed.

It also heldthat it could not invoke its powers under section 15 of the Courtof Appeal Act to hear the appeal as if it were the court of firstinstance because the preconditions for such invocation as stated bythis court in Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423 andAjayi v. NURTW (2009) 8 NWLR (Pt.1144) 423, were not fulfilled.

The said preconditions are as follows:

That the lower court or trial court must have the legalpower to adjudicate in the matter before the appellate(a)court can entertain it;

That the real issue raised by the claim of the appellantat the lower court or trial court must be seen to be(b)capable of being distilled from the grounds of appeal;

That all necessary materials must be available to the(c)court for consideration;

That the need for expeditious disposal of the case orsuit to meet the ends of justice must be apparent on the(d)face of the materials presented; and

That the injustice or hardship that will follow must be(e)clearly manifest. (Italic mine for emphasis)

See also Ezeigwe v. Nwawulu (2010) LPELR – 1201 (SC) @48-50 F – C; (2010) 4 NWLR (Pt. 1183) 159.

The court below relied on pre-conditions and in declining to invoke its powers under section 15 of the Court of AppeaI Act.

Section 285(10) of the 1999 Constitution, as altered, provides: