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ALL PROGRESSIVES CONGRESS (APC) V. ENUGU STATE INDEPENDENT (2021)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Kudirat M. O. Kekere-Ekun JSC
  • John Inyang Okoro JSC
  • Ejemibi Eko JSC
  • Ibrahim Mohammed Jauro JSC
  • Saulawa JSC

Parties:

Appellants:

  • All Progressives Congress (APC)
  • Hon. Hyacinth Nsuede (Igbo-Etti LGA Chairmanship Candidate)
  • Charity Okonkwo Okpe (Igbo-Eze LGA Chairmanship Candidate)
  • Stephen Okenya (Uzo Uwani LGA Chairmanship Candidate)
  • Okechukwu Okwor (Enugu East LGA Chairmanship Candidate)
  • Hon. Patrick Chuks Owo (Nkanu East LGA Chairmanship Candidate)
  • Timothy Amah (Oji River LGA Chairmanship Candidate)
  • Hon. Chime Ifeanyi Edeh (Enugu South LGA Chairmanship Candidate)
  • Yusuf Musa (Enugu North LGA Chairmanship Candidate)
  • Eket Enoch (Isi Uzo LGA Chairmanship Candidate)
  • Faith Adukwu (Igbo-Eze LGA Chairmanship Candidate)
  • Emmanuel Ukwueze (Udenu LGA Chairmanship Candidate)
  • Anayo Inyiama (Ezeagu LGA Chairmanship Candidate)
  • Magnus Ozongwu (Udi LGA Chairmanship Candidate)
  • Moses Emeka Eze (Aninri LGA Chairmanship Candidate)
  • Nkechi Anikwe (Awgu LGA Chairmanship Candidate)
  • Uchenna Ugwue (Nkanu West LGA Chairmanship Candidate)
  • Musa Sheriff Urama (Nsukka LGA Chairmanship Candidate)

Respondents:

  • Enugu State Independent Electoral Commission
  • Attorney-General, Enugu State
  • The Executive Governor, Enugu State
  • Chief Edward Ubosi (The Speaker, Enugu State Chapter, Peoples Democratic Party)
  • Enugu State House of Assembly
  • Chief Ikejie Asogwa (Chairman, Enugu State Chapter, People Democratic Party)
  • Victor Agbo (Enugu South Local Government Council Chairman)
  • Festus Ozioko (Igbo-Eze South Local Government Council Chairman)
  • Connal Onwubuya (Uzo Uwani South Local Government Council Chairman)
  • Nnaji Cornelius (Enugu East Local Government Council Chairman)
  • Iyioewe Samuel (Enugu East Local Government Council Chairman)
  • Onyemachi Jidiofor (Enugu North Local Government Council Chairman)
  • Festus Ozoemena (Igbo-Etti Local Government Council Chairman)
  • Emeka Edeh (Enugu North Local Government Council Chairman)
  • Nnamani Augustine (Isi Uzo Local Government Council Chairman)
  • Celestine Ezeugwu (Ezeagu Local Government Council Chairman)
  • Amachi Nwodo (Udenu Local Government Council Chairman)
  • Emeka Ozoagu Iloeje Chinedu (Udi Local Government Council Chairman)
  • Christopher Nwobodo (Aninri Local Government Council Chairman)
  • Nnanna Nze (Awgu Local Government Council Chairman)
  • Afam Okereke (Nkanu West Local Government Council Chairman)
  • Charles Ugwue (Nsukka Local Government Council Chairman)
Suit number: SC/CV/796/2020

Background

The appellants, comprising members of the All Progressives Congress (APC), contested the legality of actions taken by the Enugu State Independent Electoral Commission (ESEC) to appoint caretaker committees for Local Government Councils instead of conducting elections. The appellants initiated legal proceedings to assert their rights under the 1999 Constitution of Nigeria, raising several significant issues regarding the conduct of local government elections in Enugu State.

Issues

The key issues for determination in this case were:

  1. Whether the court had jurisdiction to hear appeals regarding the alleged violation of Section 7(1) of the Constitution by the respondents.
  2. Whether the appellants were denied fair hearing in the lower courts.
  3. Whether the court was justified in upholding the validity of elections conducted by the respondents during an ongoing appeal.

Ratio Decidendi

The Supreme Court emphasized the nature of jurisdiction in the context of constitutional interpretation, stating that it is foundational to legal proceedings. It affirmed that the court must first establish its jurisdiction; otherwise, its actions are considered null and void. Moreover, having identified a live dispute regarding the constitutionality of sections of the Local Government Law of Enugu State, the court was obligated to address these issues despite the passage of time and subsequent elections.

Court Findings

The Supreme Court found that:

  1. The provisions allowing the Governor to appoint caretaker committees conflicted with the constitutional guarantee of a democratically elected local government system.
  2. The lower court's dismissal of the appellants' claims as academic was incorrect, as the questions raised surrounding constitutional legitimacy remained pertinent and unresolved.

Conclusion

The appeal was allowed in part; the court declared certain provisions of the Enugu State Local Government Law unconstitutional and reaffirmed the necessity of fair electoral processes. The court made specific declarations regarding the legitimacy of elected local government councils and their governance.

Significance

This case is significant as it reaffirms the supremacy of the 1999 Constitution of Nigeria regarding the governance structure of local governments, emphasizing the inviolable right of citizens to elect their representatives and the court's role in safeguarding this right against unconstitutional legislative provisions.