Whether an Appellant Can File More Than One Notice Of Appeal within the Timeframe for Appealing against a Pre-Election Matter

CASE TITLE: IGBOKE v. CHUKWU & ORS (2023) LPELR-60104(SC)

JUDGMENT DATE: 9TH MARCH, 2023

PRACTICE AREA: ELECTORAL MATTERS

LEAD JUDGMENT: MOHAMMED LAWAL GARBA, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal examines the jurisdiction of the Court in pre-election disputes as to the validly elected/duly nominated candidate of a party.

FACTS:

This appeal is against the judgment of the Court of Appeal, Enugu Division (trial Court) which allowed the 1st Respondent’s appeal against the decision of the trial Court.

By the originating summons filed by the Appellant before the trial Court, on the 3rd of May 2022, the Appellant sought for determination of certain questions. Premised on the expected answers to the questions, the Appellant sought some reliefs from the trial Court as follows, amongst others:

“A DECLARATION that the name and information relating to the particulars of the Plaintiff who had participated or emerged winner of the Primary or the validly conducted primary election of the 2nd Defendant in Ezza North West State Constituency ought to form or be in the list of the House of Assembly Candidate displayed in the plaintiff’s Constituency on 22/07/2022 as the 2nd defendant’s House of Assembly Candidate for Ezza North West State Constituency.

A DECLARATION that the name and particulars of the 1st Defendant who is a member of the PEOPLE DEMOCRATIC PARTY and a person whose election to the Ebonyi State House of Assembly was sponsored by the Peoples Democratic Party in 2019, who has not defected or become a member of the 2nd Defendant till date, was wrongfully and/or unlawfully submitted, uploaded, published and displayed in the plaintiff’s Constituency on 22/07/2022 as the 2nd defendant’s House of Assembly Candidate for Ezza North West State Constituency when the Plaintiff is still alive and did not withdraw his Candidacy at all material time”.

The case of the Appellant as revealed in his Affidavits is that he was validly elected at the primary election of the 2nd Respondent conducted on 26th May, 2022 and was duly nominated as the 2nd Respondent’s candidate to the 3rd Respondent, whose duty it was to publish and display the names of candidates at the Constituencies. That, instead and in place of the Appellant’s name as the duly nominated candidate of the 2nd Respondent for the election in question, the 3rd Respondent published and displayed the name of the 1st Respondent who was not a member of the 2nd Respondent at the material time and so was illegible to contest the primary election and did not participate in the said election.

The trial Court answered the questions posed by the Appellant in the affirmative and granted the reliefs sought.

On appeal to the Court of Appeal, the 1st Respondent as the Appellant, raised some issues of jurisdiction. In the end, the appeal was allowed on the ground that the trial Court lacks jurisdiction to entertain the Appellant’s suit, which was struck out in consequence. The suit was not considered on merit by the Court of Appeal and being dissatisfied with that decision, the Appellant brought the instant appeal.

ISSUES:

The Court considered the appeal on a lone issue viz:

“whether the Court below is right that the Appellant’s case sought to challenge or question the membership of the 2nd Respondent and so, its domestic affairs?”

DECISION/HELD:

On the whole, the appeal was allowed. In consequence, the decision by the Court of Appeal striking out the Appellant’s suit on the ground that the trial Court lacks jurisdiction to entertain same was hereby set aside. In its place, the decision by the trial Court delivered on the 9th December, 2022 was accordingly restored in its entirety, in favour of the appellant.

RATIOS:

• COURT – JURISDICTION: What determines the jurisdiction of the Court to entertain a cause/matter
• COURT – JURISDICTION: Conditions for the assumption of jurisdiction by the court and the effect of a proceeding conducted without jurisdiction
• COURT – SUPREME COURT: Power of the Supreme Court to consider the issue(s) that would ensure the determination on the merits of the real question in controversy between the parties
• ELECTORAL MATTERS – PRE-ELECTION MATTERS: Time within which to file an appeal against a decision in a pre-election matter
• ELECTORAL MATTERS – PRE-ELECTION MATTERS: Whether an appellant can file more than one notice of appeal within the timeframe for appealing against a pre-election matter; the validity of such notice of appeal filed after the transmission of the record of appeal