Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
KUDIRAT M.O. KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Between
INDEPENDENT NATIONAL ELECTORAL COMMISSION –Appellant
AND
1. OGBADIBO LOCAL GOVERNMENT
2. HON. EJIGA OKOH (CHAIRMAN OGBADIBO LOCAL GOVERNMENT)
3. HON. SUNDAY ONAJI (VICE CHAIRMAN OGBADIBO LOCAL GOVERNMENT)
4. HON. JOE OJOBO (REPRESENTATIVE OF OGBADIBO IN BENUE STATE HOUSE OF ASSEMBLY)
5. HON. HASSAN ANTHONY SALE (REPRESENTATIVE OF OKPOKWU, ADO AND OGBADIBO FEDERAL CONSTITUENCY IN THE HOUSE OF REPRESENTATIVE OF FEDERAL REPUBLIC OF NIGERIA)
6. HON. S.S. AGBARA (CHAIRMAN OTUKPA ALEDE CLUB 1978)
7. HON. INNOCENT AUDU OGBE
8. HON. CHRISTOPHER E. AJUNWA
9. HON. EDOKA UNAJI
10. INNOCENT ONU OGBE (NATIONAL PRESIDENT OTUKPA
DEVELOPMENT ASSOCIATION)
11. HON. JOHN R. OROKPO
12. HON. M. A. AUDU
13. HON. M. A. IGBOYI
14. HON. S. P. OJUNUGBA –Respondents
…………………….A…………………….
SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Makurdi Division (hereinafter referred to as “the court below”) delivered on 13/2/2014, which affirmed the judgment of the Federal High Court, and Makurdi (hereinafter referred to as “the trial court delivered on 26/6/2012. The court below upheld the decision of the trial court and dismissed the appellant’s appeal. It held, inter alia, that the trial court had jurisdiction to entertain the suit and that the respondents herein are vested with the necessary locus standi to institute the action at the trial court and that there is “continuance in the oppression” of Otukpa State Constituency.
Aggrieved by the decision of the court below, the Appellant filed a Notice of Appeal on 1/4/2014 containing 6 grounds of appeal. I sha1l come to this anon, but for better understanding of this matter, I shall expose, in summary, the facts that gave rise to this appeal.
The Respondents commenced their action at the Federal High Court, Abuja on 25/10/2011 against the Appellant. The suit was subsequently transferred to the Federal High Court Makurdi and registered as suit No.FHC/MKD/CS/17/2012. In the suit, the respondents herein raised 6 questions and prayed for the following 4 reliefs:
“1. A declaration that the Benue State House of Assembly is not properly constituted or composed as required by Sections 91 and 112 of the 1999 Constitution of the Federal Republic of Nigeria.
2. A declaration that having regard to the provision of Section 91 and 112 of the 1999 Constitution of the Federal Republic of Nigeria the defendant acted improperly and unfairly in refusing or failing to include the suppressed OTUKPA State Constituency in Ogbadibo Local Government Area among the names of the suppressed state constituencies it forwarded to the National Assembly for approval for restoration.
3. An order directing the respondent to comply with the provisions of Section 91 and 112 of the Constitution of the Federal Republic of Nigeria 1999 by Restoring the suppressed OTUKPA state constituency in Ogbadibo Local Government Area, Benue State to bring the composition of the Benue State House of Assembly in line with the provisions of the Constitution.
4. An order of the Court directing or compelling the dependant to restore the suppressed OTUKPA state constituency in Ogbadibo Local Government Area.”
The Originating Summons was supported by a 7-paragraphs affidavit and a number of documents annexed as exhibits A – E. The Appellant, in reaction to the Respondents’ originating processes, filed a Notice of Preliminary objection wherein it contended that the jurisdiction of the trial court to entertain the suit was statute barred, having not been instituted within three months after the accrual of the cause of action. It is contended therefore that the suit was incompetent.
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