CaseLaw
People’s Democratic Party V. Sylva & Ors (2016) CLR 11(a) (SC)
Judgement delivered on November 18th 2016
Brief
Facts
This appeal was argued on the 8th day of November, 2016 but due to the peculiarity of the case, the Court stood down the appeal and delivered its judgment thereafter on the same day whereby the appeal was struck out on the preliminary objection raised by the 1st and 2nd respondents which was sustained. We then reserved to give reason for our decision today the 18th day of November 2016. Here goes the reason for our judgment.
This is an appeal against the judgment of the Court of Appeal, Abuja division (hereinafter referred to as the Lower Court) delivered on 22nd September 2016 which dismissed the appeal filed by the appellant.
The gist of the matter that culminated into this appeal goes thus: The 1st and 2nd respondents herein, as Petitioners had filed a petition No. EPT/BY/GOV/002/2016 on the 30th of January 2016. In the said petition, they had challenged the election and declaration of the 4th respondent as the Governor of Bayelsa State and the cancellation of the elections of the 6th of December 2015 in Southern Ijaw Local Government Area. Respondents to the petition filed their respective replies. In particular the 3rd respondent now the appellant in its reply to the petition prayed the tribunal to dismiss the petition. In its words, paragraph 52 of the reply reads thus:
"52. Whereof the respondent urges this Honourable Court to dismiss this petition in its entirety as being unmeritorious, frivolous incompetent, vague and generic."
After hearing parties and considered addresses of counsel, the tribunal its judgment, inter alia, held as follows:
"In all, the petitioners have failed woefully to prove entitlement to any of the reliefs sought in this petition. Relief 4 had earlier been jettisoned. For clarity sake all other reliefs sought by the petitioners in paragraph 77 of the petition are dismissed as lacking in merit."
The 3rd respondent then being dissatisfied filed a Notice of Appeal to the Lower Court on 15th August 2016 challenging the decision of the trial tribunal on seven (7) Grounds of Appeal.
In its judgment, the Lower Court on page 11,689 of the record, found as follows:"What the 3rd respondent now appellant seeks before the Court as contained on page 32 of its brief reads:
'On the strength of these submissions, your Lordships are urged to allow this appeal and grant all the reliefs of the appellant as contained in its notice of appeal and accordingly dismiss the petition.'
It seems clear from the above that what the appellant seeks in this appeal is dismissal of the petition which is exactly what the lower tribunal did. In other words, the judgment was in the 3rd respondent/appellant's favour."
Upon hearing the preliminary objection of the 1st and 2nd respondents to the appeal, on the ground, inter alia, that since the tribunal had dismissed the petition as prayed by the appellant, it had no right of appeal again, the Lower Court then sustained the objection of the 1st and 2nd respondents and struck out the appeal, but being an intermediate appellate Court proceeded to consider the appeal on merit, which was later dismissed having been found to be unmeritorious.
Dissatisfied again with the decision of the Lower Court led the appellant to the instant appeal
Dissatisfied again with the decision of the Lower Court led the appellant to the instant appeal