Barrister Leonard Igboke v. Hon. Victor Uzoma Chukwu (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED LAWAL GARBA, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Enugu Division (Court below) delivered on the 25th January, 2023 by which the 1st respondents appeal was allowed on the ground that the trial court lacks jurisdiction to entertain the appellants suit, which was struck out in consequence.

The suit was not considered on the merit by the court below and being dissatisfied with that decision, the appellant brought the appeal vide the notice of appeal filed on the 3rd of February, 2023 on sixteen (16) grounds.

In the amended appellants brief filed on the 18th of February, 2023, deemed at the oral hearing of the appeal on the 6th of March, 2023, four (4) issues are said to be germane for determination by the court as follows:

1. Whether the court below was right to have assumed jurisdiction and determined the 1st and 2nd respondents appeal when;

i. The 1st and 2nd respondents appeal was not initiated by due process of law and upon the fulfilment of the condition precedent to the exercise of court’s jurisdiction.

ii. The 1st and 2nd respondents issue No. 4 relied on in allowing the 1st and 2nd respondents appeal was distilled ground No. 8 of the notice of appeal containing argumentative, narrative, mixed law and facts, lengthy and defective particulars.

iii. The 1st and 2nd respondents appeal constituted an abuse of court process. (Distilled from grounds 8, 9 and 10 of the notice of appeal)

2. Whether the court below denied the appellant fair hearing when it failed to consider and pronounce on the fundamental jurisdiction issue raised by the appellant. (Distilled from grounds 1, 3 and 7 of the notice of appeal)
3. Whether the court below was right when it failed to follow the binding decisions in Bayo v. Njida (2004) 8 NWLR (Pt. 876) 544 at 594 and PDP v. Ezeonwuka (2020) 35 WRN 1; (2017) LPELR – 42563 (SC) at 105, and other decisions in deciding the appeal the (Distilled from grounds 13 of the notice of appeal).
4. Whether on a whole consideration and correct evaluation of the totality of the admissible evidence, depositions and exhibits before it and application of applicable relevant principles of law and judicial authorities, the court below was correct and justified in setting aside the decision of the trial court (Distilled from grounds 14, 15 and 16 of the notice of appeal)

For the 1st respondent, the above issues are adopted in the 1st respondents amended brief filed on the date of the oral hearing of the appeal, i.e. 6th March, 2023 and deemed that day.

Before consideration of the crucial issue/s which calls for a decision by the court, a look at the case presented by the appellant before the Federal High Court, Abakaliki (trial court) would provide the requisite foundation. By the originating summons filed by the appellant before the trial court, on the 3rd of May, 2022, the appellant sought for determination of the following questions by that court:

a. Whether by the provisions of Article 9 and 20 of the 2nd defendant’s Constitution; Article 22 and 26 of the 2nd defendant’s Electoral Guidelines 2022 and section 29(1) of the Electoral Act, 2022 the name of the 1st defendant was wrongfully and/or unlawfully submitted, uploaded, published and displayed in the plaintiffs constituency as the 2nd defendant’s candidate on 22/07/2022, even when the 1st defendant have no valid academic qualifications or won the 2nd defendant’s primary election to warrant the publication of the name and particulars of the 1st defendant on 22/7/2022 as the 2nd defendant’s House of Assembly Candidate for Ezza North West State Constituency.

b. Whether by the provisions of Article 9 and 20 of the 2nd defendant’s Constitution; Article 22 and 26 of the 2nd defendant’s Electoral Guideline 2022 and section 29 of the Electoral Act, 2022 the name of the plaintiff who had emerged and was declared winner from the valid primaries of the 2nd defendant ought to form the list of the House of Assembly Candidate of the 2nd defendant for Ezza North West State Constituency in Ebonyi State to contest the 2023 General Election.

c. Whether by the provisions of Articles 9 and 20 of the 2nd defendant’s Constitution; Article 22 and 26 of the 2nd defendant’s Electoral Guidelines 2022 and section 29(1) of the Electoral Act, 2022, the lists or information relating to the plaintiff containing the name of the plaintiff as the House of Assembly Candidate for Ezza North West State Constituency ought to be uploaded and published in the 3rd defendant’s nomination portal and displayed in the plaintiffs constituency.

d. Whether by the provisions of Articles 9 and 20 of the 2nd defendant’s Constitution; Articles 1, 2 and 3 of the 2nd defendant’s Electoral Guideline 2022 and section 84(12) of the Electoral Act, 2022, the 1st defendant who is a member of the People Democratic Party till date is eligible and qualified to be the 2nd defendant’s House of Assembly Candidate for Ezza North West State Constituency, whose name and particulars ought to be submitted, uploaded, published and displayed in the plaintiff’s constituency as the 2nd defendant’s candidate.

e. Whether by the provisions of Articles 9 and 20 of the 2nd defendant’s Constitution; Article 1, 2 and 3 of the 2nd defendant’s Electoral Guidelines 2022, sections 29 and 84(12) of the Electoral Act, 2022 and section 105(d) of the Constitution of the Federal Republic of Nigeria, the 1st defendant being a person whose election to the Ebonyi State House of Assembly was sponsored by the People’s Democratic Party in 2019 who have not defected or become a member of the 2nd defendant till date, is eligible and qualified to be the 2nd defendant House of Assembly Candidate for Ezza North West State Constituency, whose name and particulars ought to be submitted, uploaded, published and displayed in the plaintiff’s constituency on 22/07/2022 as the 2nd defendant’s candidate.