LawPavilion Online


Back

DR. OKEZIE VICTOR IKPEAZU v. PEOPLES DEMOCRATIC PARTY & ORS

(2017) LPELR-42611(CA)

In The Court of Appeal of Nigeria

On Tuesday, the 18th day of July, 2017

CA/OW/190/2016(R)


Before Their Lordships

JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria

TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria

RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria

TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria


Between

SIR FRIDAY NWANOZIE NWOSU
RESPONDENT/APPELLANT - Appellant(s)

AND

1. PEOPLES DEMOCRATIC PARTY (PDP)
2. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
RESPONDENTS/RESPONDENTS
3. DR. OKEZIE VICTOR IKPEAZU
RESPONDENT/APPLICANT
4. DR. UCHECHUKWU SAMPSON OGAH
RESPONDENT/RESPONDENT - Respondent(s)


Summary

INTRODUCTION:
This is a ruling on an application for an order striking out or dismissing an appeal before the Court of Appeal.
FACTS:
The 3rd Respondent/Applicant filed this application praying for:-

"An order striking out or dismissing Appeal No. CA/OW/190/2016 FRIDAY NWANOZIE NWOSU VS. DR SAMPSON UCHECHUKWU OGAH & 3 ORS."

The grounds upon which the application was based were:-
(I) On the 2nd day of December 2016, this Honourable Court stayed further proceedings in Appeal No. CA/OW/190/2016 pending the determination of SC/739/2016:- Friday Nwanozie Nwosu Vs Dr. Sampson Uchechukwu Ogah & 3 Ors.
(II) The said Appeal No. SC/739/2016 was consolidated with Appeal Nos. - SC/717/2016 - Dr. Sampson Uchechukwu Ogah Vs Dr. Okezie Victor Ikpeazu & 3 Ors, SC/719/2016: Dr Sampson Uchechukwu Ogah Vs Peoples Democratic Party (PDP) & 3 Ors.
(III) The said three appeals were determined by the Supreme Court against the Appellant in favour of 3rd Respondent on 12th day of May, 2017.
(IV) Further to the said Judgment of 12/5/2017 referred to in paragraphs (I), (II), (III) above, this Appeal No. CA/OW/190/2016 has become spent and/or academic.
(V) Proceeding with the hearing of the appeal in the peculiar circumstance of the decision of the Supreme Court in the aforesaid Appeal No - SC/717/2016, SC/719/2016 and SC/739/2016 will be tantamount to inviting this Honourable Court of Appeal to review or sit on appeal over the said Judgment of the Supreme Court delivered on 12/5/17.
(VI) The Court of Appeal has no jurisdiction to sit on appeal or review or set aside a Judgment of the Supreme Court.


ISSUES:
The Court determined the merit of the application on this issue:

"Whether going by the consolidated Judgments of the Supreme Court in SC/717/2016, SC/719/2016 and SC/739/2016, this appeal has become academic or incompetent."


DECISION/HELD:
The Court found merit in the application and consequently, Appeal No. CA/OW/190/2016 - FRIDAY NWANOZIE NWOSU VS PEOPLES DEMOCRATIC PARTY & 3 ORS was struck out.


Read Full Judgment