Hon. Michael P. Ogbere V. Bayelsa State Independent Electoral Commission & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

T.O. AWOTOYE, J.C.A, (Delivering the Leading Judgment)

This is the judgment in respect of the appeal filed by the appellant on 27/10/2010 against the judgment of Ugo J. of Bayelsa State High Court delivered on 13/10/2010 in suit No. YHC/168/2010 HON. MICHAEL P. OGBERE V. BAYELSA STATE INDEPENDENT ELECTORAL COMMISSION.

The appellant being aggrieved filed this appeal. His Notice of Appeal contains 4 grounds of appeal.

After transmission of record of appeal parties filed and exchanged briefs.

The appellant’s brief of argument was filed on 8/3/2011. The respondents brief was deemed filed on 24/10/2011. The appellant filed a reply brief in response to the respondent’s brief on 2/11/2011.

In his brief, settled by Dr. Dele Alufe for appellant the appellant formulated 3 issues for determination:-

“1) Whether the learned trial judge right (sic) to have gone outside the grounds upon ‘ which the 2nd respondent brought

2) Whether the appellant (sic) right was extinguish (sic) under section 82 viz-a-viz section 277 of the Constitution.

3) Whether section 82(2) of the Local Government Law Cap 110 of Bayelsa State 2006 was not in conflict with section 272 of the 1999 Constitution of the Federal Republic of Nigeria.”

On issue No. 1 learned counsel for the appellant submitted that the court could not award to a claimant that which he did not claim.

He referred to the ground of the application of the 2nd defendant/respondent as follows:-

“1) Whether in view of the provisions of section 82(2) of the Local Government Law Cap 110 Laws of Bayelsa State 2006 this Honourabre Court is vested with the jurisdiction to entertain and determine this action.”

He submitted that no court had the jurisdiction to recast, rearrange or reconstruct the reliefs sought with a view to granting a relief at all cost. He relied on A.G. ABIA STATE v. A.G. FEDERATION (2006) ALL FWLR (PT.338) 604, OLATUYI V. OWENA BANK (NIG.) PLC. (2003) FWLR 158 AWOJIGBADE V. LIGHT INDUSTRY LTD. V. CHINUKE (2004) ALL FWLR (PT.229) Page 943.

He urged the court to resolve this issue in favour of the appellant.