SUPREME COURT & COURT OF APPEAL DECISIONS (13665)
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Where there is absence of jurisdiction, the entire proceedings, trial, findings, orders and pronouncement of the court come to naught. Okoya v. Santilli (1990) 3 Sc (Pt. II) 1; Osafile v. Odi (1990) 5 SC (Pt. II) 1; Emeka v. Okadigbo (2012) 7 SC (Pt. 1) 1.
Oni vs Cadbury Nigeria Plc [2016] 1 M. J. S. C (Pt. II) [Po 111] Paras. B-C
A jurisdictional issue can be raised at any time, even in the Supreme Court, for the first time. Wema Securities and Finance Pic. v. NAIC (2015) LPELR 24833 (SC).
Oni vs Cadbury Nigeria Plc [2016] 1 M. J. S. C (Pt. II) [Po 100] Paras. F-G
Success and failure are the end products of our electoral process and in fact any contest at all. If in the end, the process does not produce a winner and loser, it has failed to achieve its goal and is inconclusive.
While it is necessary for a politician aspiring to elective office to have a mindset to win, he has to appreciate, and be prepared to accept, the fact that success and failure are the opposite sides of the end product of all contests, including elections. An electoral process is geared towards eliminating the many to pave way for the emergence of one.
The proper venue to challenge the selection or nomination of a candidate by a Political Party for an election is the High Court of a State, the Federal High Court or the High Court of the Federal Capital Territory, Abuja, as the Party filing the action may choose.
Tarzoor vs Ortom & 2 ors [2016] 1 M. J. S. C (Pt. II) [Pp. 46-47] Para. G
Primary elections are in-house matters of a political party. A non-member of the party has no locus to raise the issue and no member of the party who was not an aspirant can raise the issue. Section 87 (9) (a) of the Election Act, 2010 (as amended), Daniel v. INEC (2015) 9 NWLR (Pt. 1463) 113 at 155-157.
Tarzoor vs Ortom & 2 ors [2016] 1 M. J. S. C (Pt. II) [Po 46] Paras. B-D
By the provisions of Section 177 of the 1999 Constitution of the Federal Republic of Nigeria, 1999, a person shall be qualified for election to the office of Governor of a State if:
- he is a citizen of Nigeria by birth;
- he has attained the age of thirty-five years;
- he is a member of a political party and is sponsored by that political party;
- he has been educated up to at least School Certificate level or its equivalent.
Tarzoor vs Ortom & 2 ors [2016] 1 M. J. S. C (Pt. II) [Po 44] Paras. B-E
An election petition maybe presented by one or more of the following persons:
- a candidate in an election;
- a political party which participated in the election. Section 137 (J) of the 1999 Constitution.
Tarzoor vs Ortom & 2 ors [2016] 1 M. J. S. C (Pt. II) [Pp. 41-42] Paras. G-B
By section 221 of the 1999 Constitution of the Federal Republic of Nigeria, no association other than a Political Party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election.
Tarzoor vs Ortom & 2 ors [2016] 1 M. J. S. C (Pt. II) [Po 41] Paras. A-C
In a representative action, common interest or same interest is a necessary ingredient to maintain the action. Adefulu v. Oyesili (1989) 5 NWLR (Pt. 122) 377.
Okwu & Anor vs Umeh & 4 ors [2016]1 M. J. S. C (Pt. II) [Po 26] Paras. D-F
When a Plaintiff has been found not to have the standing to sue or locus standi, the question whether other issues in the case had been properly decided or not does not arise. This is because, the trial court has no jurisdiction to entertain the claim. The correct position of the law therefore is that where a Plaintiff is held to lack the locus standi to maintain his action, the finding goes to the jurisdiction of the court and denies it jurisdiction to determine the action. The proper order, in such a situation therefore, is to strike out the claim. Herbert Ohuabunwa Emezi v. Akujobi David Osuagwu & Ors. (2005) 12 NWLR (Pt. 939) 340, Thomas v. Olufusoye (1986) 1 NWLR (Pt. 18) 669.
Okwu & Anor vs Umeh & 4 ors [2016]1 M. J. S. C (Pt. II) [Po 25] Paras. E-G