CaseLaw
INEC Vs. Ogbadibo L.G & Ors (2015) CLR 7(a) (SC)
Judgement delivered on July 3rd 2015
Brief
Facts
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.
The appellant had filed a Notice of Preliminary Objection in response to the originating summons stating that the trial courts’ jurisdiction is statute barred to entertain the suit as the respondents failed to institute it within 3 months after the accruement of the cause of action.
The appellant’s preliminary objection was dismissed by the trial judge who held that the complaints of the respondents is a continuous act which removes the protection granted by Section 2(a) of the Public Officers Protection Act.
The trial judge further granted all the reliefs sought the respondents.
The decision of the trial court was affirmed by the Court of Appeal sequel to an appeal by the appellant.
Upon further dissatisfaction, an appeal was made to the Supreme Court.