Martin Agbaso V. Ikedi Ohakim & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Lead Ruling)

By a motion on notice dated and filed on 12/10/10, Martin Agbaso, the applicant in Election Appeal No. CA/PH/EPT/338/2007 brought an application for:

(a) An order setting aside or rescinding the judgment of the Honourable court dated 14th April, 2008, upholding the decision of the Governorship and Legislative Houses Election Tribunal Imo state (the Election Tribunal) dated 26th July, 2007 which is to the effect that the Election Tribunal has no jurisdiction to entertain the appellant’s/applicant’s petition.

(b) An order directing that the hearing of the appeal as per Notice of Appeal dated 1st August, 2007 and filed on 9th August, 2007 be re-opened and for the Honourable Court to re-hear the appeal in the light of the material change in the circumstances of this appeal.

(c) An order substituting the judgment dated 14th April, 2008, with the judgment to be delivered by this Honourable court upon the re-hearing of the appeal and for the later to be the judgment of the Honourable Court in this appeal.

(d) Pursuant to the re-hearing of this appeal, an order of this Honourable Court remitting the appellant’s/applicant’s petition dated and filed on 14th May, 2007 before the Governorship and Legislative Houses Election Tribunal to a specially re-constituted panel of the Election Tribunal for hearing and determination expeditiously and on the merits.

(d) sic (e) And for such further and or orders as the Honourable Court may deem fit to make in the circumstances.

The grounds on which the application was made are stated in the body of the motion as follows:

i. By Judgment dated 26th July, 2007, the Governorship and Legislative Houses Election Tribunal, Imo State, upheld the preliminary objection that it lacked the jurisdiction to entertain the petition by the appellant/applicant which challenged the cancellation of the Governorship election held in Imo State on 14th April, 2007 and the subsequent re-scheduled Governorship election held on 28th April, 2007.

ii. By Judgment dated 14th April, 2008, this Honourable Court dismissed the appeal against the decision of the Election Tribunal and upheld that the Election Tribunal has no jurisdiction to entertain the appellant’s/applicants petition.

iii. By Judgment of the Supreme Court of Nigeria dated 16th July, 2010, in Appeal No.SC/3/2010, SC/51/2010 and SC/54/2010 (consolidated) Chief Ikedi Ohakin (Governor of Imo state) vs. chief Martin Agbaso and Ors., the supreme court determined that, it is beyond doubt that what took place on 14th April, 2007, in Imo State in particular was an election and as such any action relating to the processes leading thereto including the actual conduct of the event or its cancellation falls within ‘the jurisdiction of the Election Tribunal by operation of law.

iv. By the Judgment of the Supreme Court dated 16th July, 2010, the Apex Court held that the Governorship election conducted on 14th April, 2007 by INEC “whether inchoate or not” is properly within the jurisdiction of the ‘Election Tribunal established by the constitution of this country as the matter is not a pre-election matter”.

v. As at the date of the decision of the Election Tribunal on 26th July, 2007 and the judgment of the Honourable Court of Appeal referred to above, the pronouncement determination by the Supreme Court as the apex court in this country which clearly defined the jurisdiction of the Election Tribunal over the subject matter of this appeal was not available and could not reasonably be brought to the attention of the Honourable Court.

vi. It is beyond argument that under the doctrine of judicial precedent which is a hallmark of the administration of justice in this country, the Honourable Court is bound by the determination/pronouncement of the Supreme Court on any issue before this Honourable Court.