People’s Democratic Party (PDP) v. Arc. Ezekiel Nya-atok & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED LAWAL GARBA, JSC (Delivering the leading judgment)

This appeal is against the decision of the Court of Appeal, Abuja Division (Court below) delivered on the 18th August, 2023 in appeal No. CA/C/EP/GOV/AK/02/2023 and is predicated on two (2) grounds of appeal contained on the notice of appeal filed on the 21st August, 2023 by Mogesomo Tayo-Oyetibo, Esq., which I find expedient to set out here. They are thus:

“Ground one

The lower court erred in law and acted without jurisdiction when it delivered its judgment allowing the appellant’s appeal more than 60 (sixty) days from the date of the delivery of judgment of the Akwa Ibom Governorship Election Tribunal.

Particulars

(a) By section 285(7) of the Constitution of the Federal Republic of Nigeria, an appeal from a decision of an election tribunal in an election matter shall be heard and disposed of within 60 (sixty) days from the date of the delivery of judgment of the tribunal.

(b) On the 12th day of June 2023, the Akwa Ibom State Governorship Election Tribunal dismissed the petition filed by the 1st – 3rd respondents herein.

(c) Dissatisfied with the decision, the 1st – 3rd respondents appealed to the lower court.

(d) Judgment in the 1st – 3rd respondent’s appeal was delivered on the 18th day of August, 2023, which was more than 60 (sixty) days from the date of the delivery of the judgment of the tribunal on 12th June, 2023.

(e) Having regard to section 285(7) of the Constitution of the Federal Republic of Nigeria, as of the date the lower court delivered its judgment, it had lost jurisdiction to do so by effluxion of time.

(f) The lower court’s decision was made without jurisdiction.

(g) The decision of the lower court is nullity.

Ground two

The lower court was wrong when it set aside the Akwa Ibom Governorship Election Tribunal’s decision that the 1st – 3rd respondent’s petition was incompetent for the failure of those respondents to pay the required security for costs.