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ABUBAKAR SADIQ MOHAMMED v. HON. ABDULLAHI MOHAMMED WAMMAKO & ORS

(2017) LPELR-42667(SC)

In The Supreme Court of Nigeria

On Wednesday, the 12th day of July, 2017

SC.788/2016


Before Their Lordships

WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria

CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria


Between

ABUBAKAR SADIQ MOHAMMED - Appellant(s)

AND

1. HON. ABDULLAHI MOHAMMED WAMMAKO
2. ALL PROGRESSIVE CONGRESS (APC)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) - Respondent(s)


Summary

INTRODUCTION:
This appeal borders on election petition.

FACTS:
The appellant and the first respondent, members of the second respondent, APC, are of the same Kware/Wammako Federal Constituency, Sokoto. The first respondent contested and won election to represent the said Constituency at the House of Representatives, between 2011 - 2015. At the Court of trial, the appellant entreated it by Originating Summons for declaratory and injunctive reliefs. In sum, his complaint was woven around false declaration as to the acquisition of certificates. Upon a preliminary objection on jurisdiction, the trial Court upheld the objection and struck out the suit for the non-disclosure of reasonable cause of action and for being an abuse of the process of the Court.

The appellant appealed to the Court of Appeal. He, however, did not challenge the rationes decidendi on the question of the absence of reasonable cause of action and the issue of the abuse of the process of the Court. In its judgment, the Court of Appeal upheld the ruling of the trial Court, hence this further appeal to the Supreme Court.


ISSUES:
The appellant formulated three issues for the determination of his appeal. They were framed thus:
"(1) Whether the learned Justices of the Court of Appeal were right and justified in law in striking out issue number three as framed by the appellant along with ground three of the Notice of Appeal on the premise that the said issue did not flow from the said ground of appeal?
(2) Whether the learned Justices of the Court of Appeal were right and correct in their judgment that the trial Court's decision to the effect that the appellant's action did not disclose reasonable cause of action subsists since there is no ground of appeal attacking same?
(3) Whether the learned Justices of the Court of Appeal were right and correct in their findings and conclusions that the appellant failed to prove beyond reasonable doubt the allegations of false information and certificate forgery levied against the first respondent which conclusion among other reasons led to dismissal of the appellant's case?"

DECISION/HELD:
On the whole, the Court dismissed the appeal as unmeritorious.


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