(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
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
electoral act
1st respondent
supplementary election
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:


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.


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…

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