Madam Roseline Okpanachi Ejura V. Ibrahim Idris & Ors. (2006)

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RHODES-VIVOUR, J.C.A.

The plaintiff (now appellant) sued the defendants (now respondents) on an originating summons filed on the 26th of May 2003 in the Federal High Court Abuja.

The following questions were presented for determination:

“1. Whether having regard to the information supplied to the 2nd defendant in its FORM CR001, the 1st defendant told a lie when he stated in part 1 paragraph B(3) thereof that he has never attended any tertiary institution (including universities and colleges) whereas he is currently a part four (4) to five (5) Law Student of the University of Abuja.

2. Whether having regard to the information supplied to the 2nd defendant in its FORM CF001, when he stated in part 1 paragraph C thereof that he obtained a Senior Secondary School Certificate (SSCE) in 2001, having regard to the fact that he is currently a Part 4 to 5 Law Student of the University of Abuja, what ordinary level result could the 1st defendant have used to gain admission into the said university prior to 2001. The 1st defendant gained admission to the said university with fake ordinary level result.
3. If the answer or answers to any of all the questions are in the affirmative, whether this Honourable Court should not issue an order pursuant to Section 21(5) of the Electoral Act, 2002 directing the 1st defendant to vacate office as the Governor of Kogi State, having already been elected.”

The plaintiff prayed for the following reliefs:

“a. A declaration that the information supplied by the 1st defendant to the 2nd defendant as contained in Part 1, paragraph B(3) of the 2nd FORM CF001 with regard to his having never attended any tertiary institution is false.

b. A declaration that the information supplied by the 1st defendant to the 2nd defendant as contained in Part 1 paragraph C of the 2nd defendant’s FORM CF001 with regard to his having obtained a Senior Secondary School Certificate (SSCE) in 2001, raises doubt as to the genuine nature of the ordinary level result used to gain admission to the University of Abuja prior to 2001.

c. An order of the court nullifying the election of the 1st defendant as Governor of Kogi State on account of the grounds above mentioned, or if already sworn in, directing him to vacate office.

d. A perpetual order of injunction restraining the 1st defendant from parading himself as the Governor-elect of Kogi State.”

On being served with the originating summons the 1st and 3rd defendants filed preliminary objections on very similar grounds to wit:

1. An order dismissing or striking out the suit as same is manifestly incompetent.
2. Any order or orders the Honourable Court may deem fit to make in the circumstances.

Arguments were concluded on the 24th of July, 2003, and in a considered ruling delivered on the 26th of July 2003 the Hon. Justice B.F.M. Nyako dismissed the case.

The concluding part of the ruling reads as follows:

“By the authority of the 7-Up Company case supra, it would have been enough to only decide on any of the issues of due process or immunity which I find combine to oust the jurisdiction of this court to hear this suit. For all the above reasons, I find that this case is incompetent and the court thus lacks the jurisdiction to entertain same and the preliminary objection is upheld and the case is accordingly dismissed.”

As the appellant was not satisfied with the ruling dismissing her case she appealed to this court. Pursuant thereto the appellant has filed three grounds of appeal against the ruling of the court below.