Chukwuka Okoronkwo v. Independent National Electoral Commission (INEC) (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering the leading judgment)

The present appeal is against the judgment of the Court of Appeal, Enugu Judicial Division, delivered on May 20, 2009 in appeal no. CA/E/188/2007.

By the said judgment, the court below Coram A. Sanusi, JCA (as he then was), M.L. Tsamiya, JCA and O. Ariwoola, JCA (as he then was), set aside the judgment of the trial Federal High Court, Enugu Judicial Division, delivered on 23/12/2005.

Background facts

The appellant was employed by the respondent in 1989 as an Administrative Officer. In January 1997, the appellant was appointed an Electoral Officer by the respondent and posted to Anambra State. On September 13, 1997, the appellant was suspended from work by the respondent.

On April 25, 2000, the appellant commenced the action at the trial Federal High Court, vide a writ of summons, thereby claiming some declaratory and damages reliefs. By the statement of claim, filed along with the writ, the appellant claimed against the respondent the following reliefs:

(i) Declaration that the purported suspension of the plaintiff and confirmed in defendant’s correspondence Ref NECON/AN/P.59/90 of 13th September, 1997 from the service of the defendant is wrongful, ultravires, null and void and of no effect whatsoever.

(ii) Declaration that plaintiff is entitled to be continued in his employment in the service of the defendant uninhibited by the letter of suspension.

(iii) Declaration that plaintiff is entitled to his salary, promotion and other emoluments and benefits from 13th September 1997.

(iv) N1,000,000.00 (One Million Naira) damages for wrongful suspension.

By the amended statement of defence thereof, filed in the trial court on 16/5/2003, the respondent denied the claim and equally raised a preliminary objection, thereby challenging the jurisdiction of the court to entertain the suit:

“That the defendant denies liability in respect of all the averments in paragraph 17 of the statement of claim and shall at the trial urge this court to dismiss the entire suit for being frivolous, vexatious and an abuse of legal process.

The defendant shall before the hearing of this suit contend by way of preliminary objection that this court has no jurisdiction to entertain this suit, the same having not been commenced within three (3) months of the suspense of the plaintiff, demanded by the Public Officers Protection Act Cap 379 Laws of the Federation of Nigeria 1990 and Public Officers Special Provisions Act Cap 381 Laws of the Federation of Nigeria, 1990.”

At the end of the trial of the suit, the trial court entered judgment in favour of the appellant, thereby granting all the reliefs sought.