UMANAH V ATTAH

Issue:

The appellant was a candidate in the general 2003 election that took place on 19-4-2003. He participated in the contest for the office of the Governor of Akwa-Ibom State and lost to the 1st Respondent. The appellant in exercise of his right challenged the result of the election at the Governorship and Legislative Houses Election Tribunal set up for the State. The petition was duly heard by the Tribunal which in its judgment delivered on 14-7-2003, dismissed the petition and affirmed the election of the 1st Respondent. Still not satisfied with the decision of the Tribunal, the appellant appealed against it to the Court of Appeal which also heard and dismissed the appeal. However, the appellant who was still aggrieved with the outcome of his petition at the Tribunal and the dismissal of his appeal against the judgment of the Tribunal dismissing his petition, conceived and instituted a fresh case against the respondents by a writ of summons and a statement of claim filed at the Federal High Court. On being served with these court processes, the 1st Respondent filed a memorandum of conditional appearance and a notice of preliminary objection to the competence of the action and the jurisdiction of the Federal High Court to entertain it. The learned trial judge after hearing the parties on the preliminary objection, in his ruling delivered on 30-7-2004, upheld the 1st Respondent's objection and proceeded to strike out the action on the ground that the court lacked jurisdiction to entertain it. The appellant's appeal to the Court of Appeal was dismissed hence the present appeal to the Supreme Court.