MR. PETER OBI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS
(2009) LCN/3665(SC)
In The Supreme Court of Nigeria
On Thursday, the 11th day of June, 2009
SC.123/2007(2)
JUSTICES
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
NIKI TOBI Justice of The Supreme Court of Nigeria
DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
OLUFUNMILOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Between
- PETER OBI Appellant(s)
AND
- INDEPENDENT NATIONAL ELECTORAL COMMISSION
2. ALL NIGERIA PEOPLES PARTY
3. PRINCE NICHOLAS UKACHUKWU
4. PEOPLE’S DEMOCRATIC PARTY (PDP)
5. DR. ANDY UBA
6. PEOPLES MANDATE PARTY
7. ARTHUR OBIEFUNA NWANDU Respondent(s)
L. KUTIGI, C.J.N. (Delivering the Lead Ruling): This is an application by the applicants praying the Court (1) to set aside its ruling delivered on 29/1/08 in which this Court struck out the motion for want of jurisdiction; and (2) an order to set aside its judgment delivered on 14/6/07.
I have carefully examined the briefs of argument, notice of preliminary objection and oral arguments and submissions of learned counsel on all sides. I have come to undoubted conclusion that the motion is a thorough abuse of judicial process in that the validity of the Notice of Appeal filed in the Court of Appeal on 18/4/07 had been firmly decided by this Court on merit. It is trite law that there should be an end to litigation and this Court cannot re-open this case which has now come before us three (3) or even 4 times. Further in order to foreclose a further gross abuse of the processes of this Court this application will be dismissed and it is hereby dismissed. This Court regards this matter as closed.
NIKI TOBI, J.S.C.: I have read the Ruling of the Chief Justice of Nigeria and I entirely agree with him that this motion is an abuse of the judicial process. The motion is dismissed for the reasons he has ably stated in his brief ruling.
D. MUSDAPHER, J.S.C.: I agree with the Ruling of the Chief Justice of Nigeria. This application is clearly an abuse of the process of this court. This court has determined the validity of the Notice of Appeal in its earlier ruling. It was decided on the merits. There is no way that this court will reopen the matter. The application is dismissed in order of foreclose further gross abuses of the processes of this court. I abide by order of costs proposed in the judgment of the CJN.
M. MOHAMMED, J.S.C.: I have read the Ruling of the Chief Justice of Nigeria just read. I entirely agree with him that this application is an abuse of the processes of this court and accordingly the application is hereby dismissed with N30,000.00k costs to the each of the Respondents.
F. F. TABAI, J.S.C.: I have considered the application, the preliminary objection and the briefs of arguments of the parties and the oral submissions. I agree entirely with the ruling of my learned brother Kutigi C.J.N. that the application lacks merit. The result is that I also dismiss the application with costs as contained in the lead ruling.
O. O. ADEKEYE, J.S.C.:
Application considered. Bench ruling made wherein the application of the 4th and 5th respondents/applicants filed on 8/5/09 was dismissed as an abuse of the judicial process of this Court. N30,000.00 costs to each set of Respondents in the application.
Appearances
Dr. Onyechi Ikpeazu (SAN) with him Ike Chude, T. U Oguji, V. E. Okonwo (Mrs.), C. N. Abiakam (Mrs.), Pat Onukwuli For Appellant
AND
D.C. Enwelum
Nkem Obiakor
Prince Orji Nwafor Orizu with him Chuma Chukwudi, Ugochukwu Onyejiuto, Esther Ebbey-Ollo, Nnaenedia Oguaju and Ndobia Njoku (Miss).
J.B. Daudu (SAN) appears with him U.N. Agomoh (Miss), Taiwo Abe, T.A. TABAI (Miss), P.B. Daudu ,A. S. Adedeji, Oli Ifeanyi and J. I.Ogambea
O. J. Nnadi, Esq.
Emeka Etiaba with Emeka Okoli, J. C. Ebubedike (Miss) and Iwuchukwu For Respondent
