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PEOPLE’S DEMOCRATIC PARTY v. SENATOR ATAI AIDOKO ALI USMAN & ORS (2019)

PEOPLE’S DEMOCRATIC PARTY v. SENATOR ATAI AIDOKO ALI USMAN & ORS

(2019)LCN/13255(CA)

 

In The Court of Appeal of Nigeria

On Tuesday, the 14th day of May, 2019

CA/A/192/2019

 

JUSTICE

ABUBAKAR DATTI YAHAYAJustice of The Court of Appeal of Nigeria

TINUADE AKOMOLAFE-WILSONJustice of The Court of Appeal of Nigeria

MOHAMMED BABA IDRISJustice of The Court of Appeal of Nigeria

 

Between

PEOPLE’S DEMOCRATIC PARTYAppellant(s)

 

AND

1. SENATOR ATAI AIDOKO ALI USMAN
2. AIR MARSHAL ISAAC M. ALFA, CFR
3. THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
4. THE PRESIDENT OF THE SENATE OF THE FEDERAL REPUBLIC OF NIGERIA
5. THE CLERK OF THE SENATE OF THE FEDERAL REPUBLIC OF NIGERIA
6. THE CLERK OF THE NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIARespondent(s)

RATIO

WHEN THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 WAS SIGNED INTO LAW

Meanwhile, on the 7th June, 2018 the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration No. 21 Act) was signed into law which specifies that every pre-election matter must be heard and determined within 180 days from the date of filing of the suit. PER IDRIS, J.C.A.

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): This is an appeal emanating from the judgment of the Federal High Court (the lower Court) presided over by the Honourable Justice A. I. Chikere (the learned trial judge) in Suit No. FHC/ABJ/CS/114/2019 delivered on the 21st February, 2019.

The background of the suit now on appeal is that following the conduct of the primary election of the Appellant on the 7th day of December, 2014 in which the 1st Respondent emerged winner, the 2nd Respondent commenced an action entered as FHC/ABJ/CS/1073/2014 challenging the conduct of the said primary election.

The case went up to the Supreme Court and on the 16th June 2017, the Supreme Court ordered for a re-trial of Suit No. FHC/ABJ/CS/1073/2014 by way of pleadings.

Consequent upon the orders of the Supreme Court, hearing of the said suit commenced on 5th February, 2018 before Honourable Justice Gabriel Koiawole (now JCA), the trial Court delivered its judgment on the 13th June, 2018.

Meanwhile, on the 7th June, 2018 the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration No. 21

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Act) was signed into law which specifies that every pre-election matter must be heard and determined within 180 days from the date of filing of the suit.

The judgment of Honourable Justice Kolawole went on appeal but the appeal at the Court of Appeal was struck out on the strength of the said Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration No. 21 Act) which specifies that an appeal in a pre-election matter must be heard and determined within 60 (sixty) days from the date of filing of the appeal.

A further appeal to the Supreme Court was struck out on the 23rd day of January, 2019.

The 1st Respondent (Applicant at the trial Court) approached the trial Court on the 28th January, 2019 by way of Originating Motion and sought the following reliefs:
a. An order setting aside the Judgment dated 13th June 2018 and delivered by this Honourable Court in Suit No. FHC/ABJ/CS/1073/2014: Air Marshal Isaac M. Alfa vs. People’s Democratic Party & 2 Ors, for being a nullity, unconstitutional and without jurisdiction.
b. A further Order that pursuant to the provisions of the Constitution of the Federal Republic of Nigeria

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(fourth alteration No. 21) Act 2017 (the fourth alteration Act) as adopted and applied by the Supreme Court of Nigeria in Appeal Nos. SC. 307/2018: Toyin V. Musa and SC. 308/2018: Toyin V, PDP both delivered on the 18th January 2019, the said Judgment of this Honourable Court dated 13th June 2018 which was a period of more than 180 days from the date of filing of the suit contravened the provisions of Section 285(10) of the fourth alteration Act; and is thereby , pro tanto void, null and of no effect whatsoever.
c. And for such further and or other orders as the Honourable Court may deem fit to make in the circumstances. Pages 3 5 of the records of Appeal,

Suit No. FHC/ABJ/CS/114/2019 came up for hearing on the 11th day of February, 2019, learned Senior Counsel P. I. N. Ikwueto argued the 1st Respondent’s application and adopted his written address, while the Appellant adopted its written address and aligned itself with the submission of the 1st Respondent. Judgment was reserved for the 22nd February, 2019. See pages 490496 of the record of appeal.

On 21st February, 2019, judgment was delivered by the learned trial judge. The

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learned trial judge refused the grant of the 1st Respondent’s reliefs and held that the originating motion is without competence and thereby struck out same.

Being aggrieved by the said judgment, the Appellant has now lodged the instant appeal seeking the intervention of this Court to allow the appeal, reverse the judgment of the lower Court and grant the reliefs in Suit No. FHC/ABJ/CS/114/2019.

The parties filed their briefs and the 2nd Respondent raised a preliminary objection urging the Court to strike out this appeal in limine for want of jurisdiction on these grounds:
a. That the Appellant notice of Appeal filed on the 21st of February, 2019 to today is now (68) days from the 21st of February, 2019 as prescribed by the Constitution of the Federal Republic of Nigeria, 1999 (4th Alteration, No. 21) Act, 2017.
b. The issue in the present appeal has been laid to rest by this Court and the Supreme Court in appeal no: CA/A/610/2018, CA/A/609/2018, Sc 1058/2018, SC. 1059/2018 more than 60 days within the stipulated time as enshrined in Section 285(12) of the Constitution of the Federal Republic of Nigeria, 1999 (4th Alteration, No. 21) Act,2017.

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c. No Court has the power to extend the times as constitutionally provided in Section 285(12) of the Constitution of the Federal Republic of Nigeria, 1999 (4th Alteration, N. 21) Act, 2017
d. The jurisdiction of Court is prescribed by statute or constitution but not by Courts.
e. The inherent powers of this Court can only be exercised within this Courts jurisdiction, that is within 60 days as provided by Section 285(12) of the Constitution of the Federal Republic of Nigeria, 1999 (4h Alteration, N.21) Act, 2017.
f. That election matters are sui generis and are not amendable to the flexibility of the normal cases. The time provided for above is strict and inelastic, and incapable of being extended by any stretch of imagination or under any guise.
g. The main issue having been determined in Appeal No. CA/A/610/2018 and the Supreme Court dismissed in favour of the 2nd Respondent, at the time this Court was making pronouncement in the suit, there was no more a living issued to be determined by this Court as the issued had been determined by the final Court on the matter.
h. This Court has lost it breath and the issue had become

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spent or dead by virtue of the decision of this Court in Appeal No. CA/A/610/2018. There remained no issued to be determined between the parties. The matter before the Court has become sport and academic.
i, The Appellant appeal is an abuse of Court process.’

At the hearing of this appeal, learned counsel for the Appellant stated that this appeal should abide the outcome of the Appeal No. CA/A/191/2019 in view of the fact that the issues are the same.

Having considered and resolved the issues in Appeal No. CA/A/191/2019 by the 1st Respondent, it would be mere repetition to reconsider the same issues in this appeal and no practical and useful purpose would be served by such an exercise.

I resolve the preliminary objection against the Appellant. In consequence, this appeal is hereby struck out.

ABUBAKAR DATTI YAHAYA, J.C.A.: I have read in advance, the leading judgment of my learned brother IDRIS JCA just delivered and I uphold the Preliminary Objection. I strike out the appeal.

TINUADE AKOMOLAFE-WILSON, J.C.A.: I had the preview of the lead judgment

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of my learned brother, MOHAMMED BABA IDRIS, JCA.
I am in agreement with his reasoning and conclusion and orders reached therein.

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Appearances:

B. W. Sekpe Esq with HIM, A. Ikuazu, Esq.For Appellant(s)

P. I. N. Ikwueto Esq with him, I. Alabi, Esq., O.D. Soyebo, Esq., D.C. Okeke, Esq. and B. G. Ifeadike, Esq. for the 1st Respondent.

R. Egwuoba, Esq. for the 2nd Respondent
C. Poila, Esq. for the 4th-6th RespondentFor Respondent(s)

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Appearances

B. W. Sekpe Esq with HIM, A. Ikuazu, Esq.For Appellant

 

AND

P. I. N. Ikwueto Esq with him, I. Alabi, Esq., O.D. Soyebo, Esq., D.C. Okeke, Esq. and B. G. Ifeadike, Esq. for the 1st Respondent.

R. Egwuoba, Esq. for the 2nd Respondent
C. Poila, Esq. for the 4th-6th RespondentFor Respondent