Does the Court of Appeal Have Jurisdiction over Local Government Elections?

CASE TITLE: JOHNSON & ORS v. ENUGU STATE INEC & ANOR (2022) LPELR-58572(CA)

JUDGMENT DATE: 12TH AUGUST, 2022

PRACTICE AREA: COURT

LEAD JUDGMENT: HAMMA AKAWU BARKA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

​ This appeal borders on the jurisdiction of the Court of Appeal.

FACTS:

This appeal emanated from the judgment of the High Court of Enugu State, delivered by HON. JUSTICE H. O. EYA, delivered on the 7th day of June 2022 in relation to the disqualification of the Appellants from participating in the Local Government Election in Enugu state.

The appellants as claimants before the lower Court, and by way of an originating summons, brought pursuant to Sections 22 and 229 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 10(a) of the Enugu State of Nigeria Official Gazette No. 6 of 2021, Vol. 30, published on the 7/11/2021, and the Enugu State of Nigeria Official Gazette No. 1 Vol. 31 published on the 10/1/2022 and Order 3 Rule 8 of the Enugu State High Court (Civil procedure) Rules 2020, filed on the 22 of February 2022, sought for the determination of the following questions:

1. Whether by the express provision of Section 229 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 10 (a) of the Enugu State of Nigeria Official Gazette No. 6, Vol. 30, published on 17/11/2021 and Enugu State of Nigeria Official Gazette No. 31, Vol. 1 published on 10/1/2022, the 15th Claimant has a Constitutional right to nominate and sponsor the 1st to 14th Claimant as Chairmanship and Councillorship Candidates for Nkanu West Local Government Area, in the Enugu State Local Government Council Election fixed for 23rd February 2022.

2. Whether the defendant’s rejection/disqualification of the nomination and sponsorship of the 1st to 14th claimants as the Chairmanship and Councillorship Candidates for Nkanu West Local Government Council Election fixed for 23rd February, 2022 is a violation of Section 221 and 229 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 10 (a) of the Enugu State of Nigeria, official Gazette No. 6, Vol. 30, published on 17/11/2021 and Enugu State of Nigeria, Official Gazette No. Vol. 1 published on 10/1/2022.

3. Whether the Defendant’s violation of the provisions of Section 221 and 229 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) entitles the plaintiffs to damages, compensation and/or cost.

The respondents on their part reacted to the originating summons served on them by filling a counter-affidavit to which is attached some documents and a written address. On receipt of the counter-affidavit filed by the respondents, claimants filed a further affidavit and a reply on points of law.

Filed simultaneously with the counter-affidavit by the respondents, is a preliminary objection to the hearing of the suit to which the claimants responded to by filing a counter-affidavit to which is hinged a bundle of documents.

The lower Court attended to the Preliminary objection and the substantive suit simultaneously at the end of which it dismissed the suit for want of competence.

Dissatisfied with the lower Court’s decision, the claimants appealed the said decision to this Court by filing a Notice of Appeal.

ISSUES FOR DETERMINATION:

The Court formulated a sole issue viz:

Whether this Court possesses the vires to entertain the appeal in the circumstance.

DECISION/HELD:

The Court held that the application lacks merit and the appeal was unanimously struck out.

RATIOS:

• JURISDICTION – JURISDICTION OF THE COURT OF APPEAL: Whether the Court of Appeal has jurisdiction to hear appeals in respect of Local Government Elections
• PRACTICE AND PROCEDURE – ISSUE OF JURISDICTION: General principles guiding the fundamental nature and importance of jurisdiction of the Court; when and how the question of jurisdiction should be determined