All Progressives Grand Alliance & Ors v. Chief Victor Ike Oye & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

TIJJANI ABUBAKAR, JSC (Delivering the leading judgment)

This appeal is of considerable significance, as it highlights critical principles surrounding the interpretation, finality, and sanctity of judgments of this court.

At its core, this appeal delves into the procedural and substantive implications of the judgment of the Supreme Court delivered on 14th day of October, 2021, particularly as it pertains to jurisdictional challenges, procedural corrections, and the proper scope of enforcement of the judgment of this court.

It underscores the imperative that the judgments of this court must be understood and applied strictly within the purview of their pronouncements, without parties imputing meanings or enforcing rights that were neither articulated nor envisaged, thereby resorting to logical deductions and speculation.

This appeal traces its origin to suit No. JDU/022/2021, filed at the Jigawa State High Court, wherein the plaintiff therein sought for declaratory reliefs regarding the leadership of the All-Progressives Grand Alliance (APGA) the 1st appellant in this appeal.

The Jigawa State High Court recognized Chief Jude Okeke as Acting National Chairman of APGA and upheld the primary elections conducted under his leadership. On appeal, the Court of Appeal sitting in Kano in Appeal No. CA/KN/146/2021 set aside the judgment of the Jigawa State High Court for want of jurisdiction, abuse of judicial process, and non-joinder of necessary parties.

However, while determining the question relating to non-joinder of parties, the lower court, at pages 1523 1525 of Volume II of the records of appeal, made the following pronouncements:

“As I stated earlier, the disputes or cause of action between the 1st respondent and the 2nd respondent centred on the question of the National Chairmanship of the 1st appellant. The 1st and 2nd respondents claimed that the National Chairman had been suspended by the party which then necessitated the appointment of an Acting Chairman and whose position was in contention (Chief Edozie Njoku) was never joined as a party, so that he could be heard in the allegation against him which led to the contest between the 1st and 2nd respondents.

Meanwhile, the appellant (Chief Victor Ike Oye) had gotten the judgment of the Anambra State High Court sitting in Awka in suit No: A/92/2020 delivered on the 18/11/2020 wherein, the National Convention of the 1st appellant held on the 31/5/2019 which elected the 2nd appellant as National Chairman was validated.

The 2nd appellant was elected into the office at the convention of the party which held on the 31 day of May, 2019. Such election has been validated by the judgment of the Anambra State High Court referred to above.

There is no evidence that such judgment has been set aside on appeal or by the court that delivered it. Consequently, it is clear that, as at the time the suit leading to this appeal was initiated in Jigawa State High Court, the 2nd Appellant was the validly elected Chairman of the 1st appellant (APGA).

From the above analysis therefore, it is clear that, the 2nd appellant as National Chairman of the 1st appellant had established his interest in respect of the duties, which the trial court gratuitously purported to grant to the 2nd respondent.

Now, it is the law that, a person who has an interest in a particular dispute or claim, is entitled to be heard before any decision in the matter, especially when the judgment of the court will affect his interest. Such a party is a necessary party to the suit and must be joined so that he can be heard before the court can make any pronouncement that affects his interest, especially where such person is to be bound by the decision.

Where such a party is not joined, any decision taken in his absence, will be in breach of his constitutionally guaranteed fundamental right to fair hearing as stipulated in section 36(1) of the 1999 Constitution (supra). The effect of such breach is that the entire proceedings of the trial court, including any judgment or order made consequent thereon will be vitiated and therefore a nullity…