OPIA
V.
INEC & ANOR

(2014) JELR 40217 (SC)

Supreme Court · SC.16/2013 · 7 Feb 2014 · Nigeria
·

Other Citations

Opia v. I.N.E.C. (2014) 7 NWLR (Pt. 1407) 431

CORAM

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

Core Terms ^Beta

appellant

court

election

jurisdiction

electoral act

1st respondent

supplementary election

appeal

2nd respondent

court of appeal

federal high court

certificate of return

election petition

grounds of appeal

senior counsel

sole issue

26th april

decision of the trial court

egbema state constituency

election of the 2nd respondent

learned trial judge

provision of section

return of the 2nd respondent

imo state house of assembly

learned counsel

injunctive orders

jurisdiction of the election petition tribunal

said court

state house of assembly election

aforesaid election

aforesaid ruling of the court of appeal

appellant reliefs

conduct of the election

decision of trial court

facts of the case

general election

general power

judgment of the court of appeal

jurisdiction of the federal high court

leading judgment

learned judge

provisions of the act

question of jurisdiction

reason of corrupt practices

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Owerri Division, which had struck out the Appellant/Originating Summons on the grounds that it lacked jurisdiction to entertain same.

Dissatisfied with the aforesaid Judgment, Appellant has further appealed to this court on 4 grounds of appeal, which without their particulars read thus:

"1. GROUND 1: ERROR IN LAW

The Court of Appeal erred in law when it held as follows:

The Learned trial Judge was thus right to have upheld the 2nd Respondent's Notice of Preliminary Objection dated 13th June, 2011 and struck out the Appellant's Amended Originating Summons filed on 6th June, 2011. Accordingly, this appeal lacks merit and it is accordingly dismissed.

GROUND 2: ERROR IN LAW

The Court of Appeal erred in law when it held thus:

The Appellant in this case was a party in an election and his political party (PDP) participated in the State House of Assembly election afores…

OPIA V. INEC & ANOR

OPIA
V.
INEC & ANOR