Jenkins Duvie Giane Gwede V. Delta State House Of Assembly & Anor (2019)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal Abuja, delivered on 10th May, 2018 wherein the lower Court set aside the judgment of the Federal High Court dated 8th June, 2016. The trial Federal High Court had made the garnishee order nisi absolute against the 2nd Respondent which at the material time was alleged to be in custody of the 1st Respondent’s funds. A synopsis of the facts giving birth to this appeal will be quite illuminating.

The Supreme Court of Nigeria had in its judgment delivered in Appeal No. SC.255/2013 between JENKINS GIANE DUVIE GWEDE VS (1) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) (2) EDOJA RUFUS AKPODIETE (3) JULIUS OGHENEVWEGBA BOBI (4) DEMOCRATIC PEOPLES PARTY (DPP) delivered on 24th day of October, 2014 by my Noble Lord ONNOGHEN, JSC (now Chief justice of Nigeria) entered judgment in favour of Appellant in that case as follows:-

In consequence, I enter judgment in favour of appellant in the following terms:-

1. Appellant, JENKINS GIANE DUVIE GWEDE is hereby declared to be the duly nominated candidate by

substitution of the 4th Respondent for the election in respect of Ugelli North Constituency II of the Delta State House of Assembly and is entitled to be issued with a certificate of return in respect of same.

2. The 1st Respondent is hereby ordered to issue the said appellant with a certificate of return in respect of the State House of Assembly election held on 26th April, 2011, forthwith.
3. The 2nd Respondent EDOJA RUFUS AKPODIETE is hereby ordered to vacate the seat of Ughelli North Constituency II in the Delia State House of Assembly forthwith.
4. It is further ordered that the said 2nd respondent: EDOJA RUFUS AKPODIETE refunds to the coffers of the Delta State House of Assembly all moneys/sums of money he collected by way of salary, allowances whatsoever and however described since he took his seat in the said House of Assembly under the pre of being the duly elected candidate of the 4th respondent representing Ughelli North constituency II, within ninety (90) days of this order.

I award the sum of 150,000,000 costs at the High Court; 100,000 in the Court below and 500,000,000 in this Court in favour of Appellant and

2

against the 1st and 2nd Respondents each.

Appeal and Cross Appeal of 4th Respondent allowed, cross appeals of 1st and 2nd Respondents dismissed.”

The Appellant thereafter went back to the apex Court seeking to vary and/or correct the consequential Orders made by the apex Court in the judgment delivered on 24th October, 2014. The Order of the apex Court on the Appellant’s application to it made on 26th day of October, 2015 reads in full as follows:-

“HOLDEN AT ABUJA

Appeal No: CA/B/237/2012

JUSTICES:

Hon. Justice Walter Samuel Nkanu Onnoghen, JSC