Hon. John Yakubu & Anor V. Governor Of Edo State & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice Amaize of the Edo State High Court delivered on 08/12/2010 wherein the learned trial judge ruled that the 2nd appellant had no locus standi to institute the suit and that the parties before the Court were improperly constituted. Below are the facts that led to this appeal:

The 1st appellant was elected as the Chairman of Esan North-East Local Government Area on 15/12/2007 on the platform of the 2nd Appellant political party. The 1st respondent on 25/10/2010 dissolved the eighteen democratically elected Local Governments in Edo State including the 1st appellant’s constituency and appointed caretaker committees to take over the local governments.

The appellants by an originating summons dated 26/10/2010 instituted an action at the Edo State High Court, Benin City for the determination of the following questions:

1. Whether in the light of the subsisting judgment of the High Court of Edo state delivered in Suit No: B/115/OS/07 on 30th May, 2007 and the clear and unambiguous provisions of sections 7(1) and 287(3) of the Constitution of the Federal Republic of Nigeria, 1999 the 1st Defendant can dissolve the democratically elected Local Government Councils in Edo State before the expiration of their tenure.
2. Whether in the light of the aforesaid judgment of the High Court of Edo State delivered in Suit No: B/115/OS/07 on 30th May 2007, the clear and unambiguous provisions of sections 7(1) and 287(3) of the Constitution of the Federal Republic of Nigeria, 1999 the 1st defendant or indeed the Edo State Government can set up caretaker or Local Government Transitional Committees for the eighteen Local governments Edo State.

The respondents in turn filed a motion dated 19/11/2010 challenging the competence of the appellants’ action on the grounds that the 2nd appellant lacked locus standi to institute the action and that proper parties were not before the Courts.

The appellants filed a counter affidavit to the respondents’ motion on 26/11/2010. The learned trial judge after hearing arguments of both parties ruled that the 2nd appellant, PDP had no locus to challenge dissolution of local government councils and that instead, all the other local government chairmen whose councils were dissolved should be added as parties to the suit.

Dissatisfied with the decision of the trial court, the appellant filed a notice of appeal on 22/12/2011. The appellant’s brief of argument was filed on 15/06/2011 but deemed filed on 11/06/2012 while the respondent’s brief was dated 07/03/2013 and filed on 18/06/2013.

K. O. Obamogie for the appellants raised the following issues for determination:

1. Whether or not the 2nd Plaintiff had the locus standi to institute Suit No.B/799/OS/2010 in the lower court challenging the respondent’s dissolution of democratically elected local government councils in Edo State and constitution of caretaker committees for them.
2. Whether the lower court was right in holding that proper parties were not before the court.

M. O. Omozeghian of counsel for the respondent adopted the issues as raised by the appellant’s counsel. The issues are lucid and as such I will adopt them in the determination of this appeal.

ISSUE ONE

“1. Whether or not the 2Plaintiff had the locus standi to institute Suit No.B/799/OS/2010 in the lower court challenging the respondent’s dissolution of democratically elected local government councils in Edo State and constitution of caretaker committees for them.

2. Whether the lower court was right in holding that proper parties were not before the court.

M. O. Omozeghian of counsel for the respondent adopted the issues as raised by the appellant’s counsel. The issues are lucid and as such I will adopt them in the determination of this appeal.

ISSUE ONE

“1. Whether or not the 2nd plaintiff had the locus standi to institute suit No: B/799/OS/2010 challenging the respondent’s dissolution of the democratically elected local government councils in Edo State and constitution of caretaker committees for them.