Independent National Electoral Commission (Inec) Vs. Chief Felix Onowakpoko (2017)

LAWGLOBAL HUB Lead Judgment Report

HON.JUSTICE S. D. BAGE

This appeal is against the judgment of the Court of Appeal, Benin Division delivered on the 28th day of May, 2015 which affirmed the judgment of the Federal High Court Warri suit No. FHC/WR/CS/60/2014, delivered on the 31st day of October, 2014. The Court of Appeal upheld the decision of the trial court and dismissed the appellant’s appeal. The lower court held inter alia, that the trial court had jurisdiction to entertain the suit and that the respondent’s cause of action at the trial court was not statute barred, and that there is continuance in the suppression of Isoko North State Constituency 1.

Aggrieved by the decision of the court below, the appellant filed a notice of appeal dated 14th day of August, 2015 containing (4) four grounds of appeal.

The facts that gave rise to this appeal is that, the respondents commenced the action at the Federal High Court Warri on 16th May, 2014 against the appellant. The respondents raised four (4) questions and claimed the following reliefs:-

“1. A Declaration that by virtue of the mandatory provisions of

Sections 6, 36, 91, 112 of the 1999 Constitution and other

enabling laws in that behalf, the Delta State House of Assembly

presently consisting of twenty-nine (29) members which is less

than three (3) or four (4) times the number of seats which Delta

State has in the national Assembly is not properly Constituted or

composed.

2. A Declaration that the appellant does not have any power and/or

discretion whatsoever to suppress the existing Isoko North State

Constituency 1 with Constituency Code No. SC/17/DT in the Delta

State House of Assembly law fully created and approved by the