The Supreme Court of Nigeria on Thursday, declared a political activist Barrister Ikenga Imo Ugochinyere as the authentic candidate of Peoples Democratic Party’s House of Representatives seat for Ideato North and South Federal Constituency of Imo State.
In a unanimous judgment the apex court upheld the preliminary objections raised by Ugochinyere and the PDP to the appeal filed by Hon. George Igbo.
The appellant had in the appeal challenged the decision of the Court of Appeal Owerri Division and made PDP, INEC, Mrs Chidimma Uzomba, Mr Anthony Obinna and Ugochinyere as the respondents.
Delivering the lead judgment on the appeal marked SC/CV/1439/2022, Justice Kudirat Kekere-Ekun agreed with the decision of the lower court that the court lacked jurisdiction .
“The abysmal failure and/or refusal of the Appellant counsel to compile (sic) with the rules of procedure in prosecuting the Appeal and indeed abandoned same”
“The Appellant filed his notice of appeal at the lower court on the 9th day of September, 2022 within the 14 days period from the date of Judgment of the trial court as provided by the Electoral Act 2022 and section 285(9) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
“Section 9 of the Election Judicial Proceedings Practice direction, 2022 mandatorily provided that the Record of Appeal shall be compiled and served on all the parties not more than (10) days of the receipt of the Notice of Appeal.
“The Notice of Appeal at the lower court was filed on the 9th day of September, 2022. The Record of Appeal was compiled on the 19th day of September, 2022, eleven days after the notice of appeal was filed. One day out of time. See the admission of the appellant at page 1639 of the Record of Appeal Vol. 3.
“The said record of appeal was served on the parties on the 19th day of October 2022, 40 days after the Notice of Appeal was filed against the clear provision of Section 9 of the Election Judicial Proceeding Practice Directions 2022, the apex court noted.
The Supreme Court held that the lower court was right in holding that the Appellant’s appeal is deemed abandoned.
It further admitted that it lacked the jurisdiction to determine the Appeal or in the least invoke its general powers under Section 22 of the Supreme Court Act, to determine the real issues in controversy.
More so, in upholding the Respondents’ objections, the Supreme Court admitted that by the provisions of Section 285 (12) of the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No. 21) Act, 2017, it is provided that:
“An appeal from a decision of a Court in a pre-election matter shall be heard and disposed of within 60 days from the date of the filing of the Appeal.
At the Court of Appeal, the Appeal of the present Appellant was vide its Notice of Appeal filed on September 9, 2022 and the 60 days for the hearing and disposition of the Appeal by the Court of Appeal lapsed on November 7, 2022.
In addition, the Supreme Court held that, the Lower Court did not determine the Appeal within the constitutional period of 60 days, “hence there was no pending Appeal relating to the merits of the case before this Honourable Court”.
More so, the Apex court noted in affirmative that the law is settled that where the original jurisdiction in the lower Court is extinct or had lapsed, the powers of the Appellate Court to exercise jurisdiction is a fortiori, extinct or non-existent as well.
“Hence, this Honourable Court cannot invoke its powers under Section 22 of the Supreme Court Act.