CaseLaw
Umanah V. Attah (2006) CLR 9(c) (SC)
Judgement delivered on September 29th 2006
Brief
Facts
This is an appeal against the judgment of the Court of Appeal holden at Abuja wherein the Court affirmed the decision of the trial Federal High Court which held that it had no jurisdiction to entertain the Plaintiff's suit and consequently struck it out.
The relevant facts are that the Plaintiff and the 1st Defendant contested the last general election held in April 2003 into the office of Governor of Akwa Ibom State. At the end of the election the 1st Defendant who was sponsored by the 5th Defendant was returned by the 4th Defendant as the duly elected candidate.
Dissatisfied with the result of the election, the Plaintiff filed a petition before the Governorship and Legislative Houses Election Tribunal for Akwa Ibom State. The Tribunal consisted of a Chairman and four members. Whilst the proceedings were still pending before the Tribunal, the Plaintiff on 10th July 2003, petitioned the Chief Justice of Nigeria who is the Chairman of the National Judicial Council complaining that the chairman and members of the Tribunal had been compromised with large sums of money by the 1st Defendant. On 14th July 2003 the Tribunal delivered its judgment in which it dismissed Plaintiff's petition as unmeritorious. The Plaintiff timeously appealed to the Court of Appeal. But before doing so he addressed another petition to the Chief Justice of Nigeria on 24th July 2003 about his earlier petition or complaint. Upon receipt of the Plaintiff's petition the National Judicial Council set up an investigatory Committee to look into the allegations against the Tribunal. Meanwhile, the Court of Appeal which heard the appeal against the judgment of the Tribunal, dismissed Plaintiff's appeal on 30th October 2003. The Committee of investigation confirmed the allegations made by the Plaintiff against the Tribunal and consequently the chairman and members of the Tribunal were dismissed from service as reported and published in the Guardian Newspaper of 16th March 2004.
On 3rd May 2004, the Plaintiff instituted this present suit in the Federal High Court against the Defendants claiming thus:-
On 5th May 2004, the Plaintiff filed an application for a constitutional reference of two questions to the Court of Appeal. On being served with the processes the 1st Defendant filed a Notice of Preliminary Objection pursuant to Sections 246, 285 and 308 of the 1999 Constitution praying that the Plaintiff's suit be dismissed or struck out on the ground inter alia that the Court has no jurisdiction to entertain same or grant any relief against or touching upon or relating to the 1st Defendant.
The preliminary objection was taken first. After hearing the arguments of counsel on both sides, the learned trial Judge came to the conclusion that he had no jurisdiction to entertain the suit and consequently struck it out.
Being dissatisfied with the Ruling of the learned trial Judge, the Plaintiff appealed to the Court of Appeal holden at Abuja. This ruling was affirmed by the Court of Appeal. The Plaintiff/Appellant further appealed to the Supreme Court.