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PEOPLE'S DEMOCRATIC PARTY V. NYA-ATOK (2023)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Mohammed L. Garba JSC
  • Helen Moronkeji Ogunwumiju JSC
  • Adamu Jauro JSC
  • Tijjani Abubakar JSC
  • Emmanuel Akomaye Agim JSC

Parties:

Appellant:

  • People's Democratic Party

Respondents:

  • Ezekiel Nya-Atok
  • Udomah James Uduak
  • African Democratic Congress
  • Independent National Electoral Commission
  • Pastor Umo Bassey Eno
  • Bassey Albert Akpan
  • Young Progressive Party
  • Akan Udofia
  • All Progressives Congress
  • Senator John James Akpanudoehede
  • New Nigeria Peoples Party
  • Uduak Udoh
  • Labour Party
Suit number: SC/CV/858/2023Delivered on: 2023-09-28

Background

This case arose from an appeal by the People's Democratic Party (PDP) against a ruling from the Court of Appeal concerning the Akwa Ibom State Governorship Election Tribunal. The Tribunal had initially dismissed a petition filed by the 1st to 3rd respondents due to their failure to pay the required fees, which led to a subsequent appeal being lodged against this decision. The Court of Appeal, however, later allowed this appeal and struck down the Tribunal's ruling.

Issues

The primary issues at hand included:

  1. The validity of the Court of Appeal's judgment, delivered more than the statutorily allowed sixty days, as outlined in section 285(7) of the 1999 Constitution.
  2. Whether the lower court’s decision regarding the required security for costs in the election petition was correct.

Ratio Decidendi

The Supreme Court ruled that any judgment delivered outside the sixty-day period specified in section 285(7) of the 1999 Constitution is a nullity. As the Court of Appeal's judgment was delivered beyond this time frame, it lacked jurisdiction and was consequently void. Notably, the court emphasized that compliance with statutory timelines in election matters is mandatory and non-negotiable.

Court Findings

The Supreme Court found that:

  1. The Court of Appeal acknowledged that it delivered its judgment eight days beyond the stipulated period, affirming the appellant's argument.
  2. The judgment's delay invalidated the ruling, thus restoring the original decision of the Tribunal.

Conclusion

The Supreme Court concluded that the judgment from the Court of Appeal was declared invalid and set aside, allowing the appeal and restoring the Tribunal’s decision which struck out the respondents’ petition for non-compliance with legal requirements.

Significance

This case marks a pivotal moment in electoral jurisprudence in Nigeria, reinforcing the doctrine that statutory time limits in election matters cannot be disregarded. The court's unwavering stance on the stringent enforcement of these timelines underscores the importance of adherence to constitutional provisions in maintaining the integrity of electoral processes.

Counsel:

  • Mofesomo Tayo Oyetibo, Esq.
  • Ailu A. Agene, Esq.
  • Abdul Mohammed, SAN
  • Uwemedimo Nwoko, SAN
  • T. Falola, Esq.