Effect of Failure to Exhaust the Internal Remedies of a Party before Instituting an Action in Court

CASE TITLE: PDP & ORS v. NWEBONYI & ORS (2022) LPELR-57144(CA)

JUDGMENT DATE: 17TH FEBRUARY, 2022

PRACTICE AREA: ELECTORAL MATTERS

LEAD JUDGMENT: JOSEPH OLUBUNMI KAYODE OYEWOLE,

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Intra Party Dispute.

FACTS

This is an appeal against the decision of the High Court of Ebonyi State, Abakaliki, delivered on the 21st December, 2020 by Hon. Justice Nwanchor.

The Respondents, who occupied various offices in the Ebonyi State chapter of the 1st Appellant, took out a writ of summons against the Appellants following the dissolution of the executive committees of the 1st Appellant at the State, Local Government and Wards in Ebonyi State.

Upon being served with the processes, the Appellants filed a Memorandum of Conditional Appearance, followed by a Motion on Notice wherein they sought, inter alia, for an order dismissing the suit for want of jurisdiction and for constituting an abuse of Court process.

In a considered ruling, the trial Court dismissed the Appellant’s application.

​Dissatisfied, the Appellants appealed.

ISSUES FOR DETERMINATION

The appeal was determined upon consideration of the following issues:

1. Whether the trial Court was right in holding that the action of the Respondents was justiciable and that it had jurisdiction to entertain same.

2. Whether the learned trial Judge was right, when he relied on the unreported case of Chief Abu King Shuluwa & Ors V Prof Dakun Shown & Ors in Appeal No CA/J/94/2020, instead of the contrary decisions of the Supreme Court in CHIEF REAGAN UFOMBA V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS (2017) LPELR-42079(SC); ONUOHA V. OKAFOR (1983) 2 SCNLR 244; EMENIKE VS PDP (2012) 12 NWLR (PT 1315) 556, HOPE UZODINMA V. SEN. O. IZUNASO (2011) 17 NWLR (PT 1275) 28, in dismissing the objection challenging its jurisdiction to entertain the Respondents suit.

3. Whether the learned trial Judge was right when he held that the writ of summons filed by the Respondents was competent despite failure of the Plaintiffs/Respondents to comply with the mandatory provisions of the Sheriffs and Civil Process Act.

DECISION/HELD

The appeal was found meritorious and was accordingly allowed. Consequently, the decision of the trial Court was set aside for lack of jurisdiction.

RATIOS:

• ELECTORAL MATTERS – INTRA-PARTY DISPUTE(S): What is an intra-party dispute
• ELECTORAL MATTERS – INTRA-PARTY DISPUTE(S): Whether the court will entertain an intra-party dispute
• ELECTORAL MATTERS – INTRA-PARTY DISPUTE(S): Effect of failure to exhaust the internal remedies of a party before instituting an action in Court
• CASE LAW – JUDICIAL PRECEDENT/STARE DECISIS: Whether lower Courts are bound by the decisions of higher Courts on cases with similar facts
• CASE LAW – CITING OF CASE: Whether the certified copy of an unreported judgment must be produced before it can be cited and relied upon as authority