Indispensable85:



Jurisdiction is a very strong point on his appeal.
He may get it on that premise.
But he's not going anywhere with it.

. Any Federal High Court can entertain the case Justice Ekwo presided upon! The ground of appeal holds no water

AsomughaChuks05:

You seem to be forgetting that cancellation of the primary was not the only relief Moghalu asked the court for which were granted. He also asked for a full refund of the money he paid to APC which is domiciled in Abuja. He also asked for INEC to erase the name of Andy Uba as the APC candidate which INEC accepted from APC in their headquarters in Abuja as INEC timetable required at the time. So Abuja has everything to do with this case.

Mailantarki V. Tongo
APC House of Reps primary in Gombe-Kwami-Funakaye Constituency, the loser went to the FCT High Court, Abuja claiming that he bought his form from the National HQs in Abuja and that the HQs conducted the Primaries.

For the instant case, the cause of action, which is the primary election of the 2nd respondent, took place in Gombe State. There is therefore no justification for the institution of the suit before the High Court of the FCT in Abuja. The filing of the suit before that Court is a clear example of “forum shopping” in the hope of securing a favourable outcome.

This practice has been seriously deprecated in numerous decisions of this Court; The practice does not augur well for the administration of justice. It is also unethical practice on the part of the legal practitioner who filed the suit.

I observe that the decision of this Court in Jev vs. Iyortom(2014) 14 NWLR (Pt. 1428) 575 @ 611-612 was mischievously misconstrued by learned counsel for the appellant. What was decided in that case was that where there is a division of the Federal High Court in a State as well as a State High Court, an aggrieved aspirant can institute his action in either Court. This was In recognition of the fact that by conferring jurisdiction on the Federal High Court and the High Court of a State or the Federal Capital Territory, the intention of the lawmaker was to give an aspirant the flexibility of ventilating his grievance in any of the Courts listed therein depending on which location is most convenient to the parties.

This cannot be taken to mean that a suit may be filed in any of the named Courts anywhere in the Federation in blatant disregard of the particular Court’s territorial jurisdiction. That would be an absurd interpretation of the law and would no doubt lead to a miscarriage of justice, per Kekere-Ekun JSC

On Ground One, once the Court establishes there is no jurisdiction they will strike all entirely. That the cause of action is in Anambra, and not Abuja is never in doubt.

Moghalu's strength will be that the FHC is one and has unlimited jurisdiction.


garfield1 vicdom ejimatic.... territorial jurisdiction cases are dicey.

Animal doctor those days in America before obasanjo saved his life as a favor he did for him while in prison.

fergie001:
I believe his appeal will be sustained on the premise of territorial jurisdiction.

garfield1 vicdom ejimatic kahal29 indispensable85

I don't think so since the trial court was FHC. Federal high court covers all our territorial jurisdiction. His case will be swiftly thrown out on that premise.

garfield1:


I disagree.federal high courts jurisdiction covers everywhere except there's a new law unbeknownst to me

Gbam!! Exactly what I said. Andy Uba should go and come back after 4yrs and try again.

vicdom:

I don't think so since the trial court was FHC. Federal high court covers all our territorial jurisdiction. His case will be swiftly thrown out on that premise.

. I share same opinion with you on this matter as indicated in my comment.

Ego dis mugu ga agwukwanu
Chaii

ejimatic:
. I share same opinion with you on this matter as indicated in my comment.

Yes boss. He doesn't have any case. He knew it was glaring that primary election didn't hold, otherwise he would have been challenging the meritocracy of case rather than looking for unnecessary technicality.

vicdom:

Yes boss. He doesn't have any case. He knew it was glaring that primary election didn't hold, otherwise he would have been challenging the meritocracy of case rather than looking for unnecessary technicality.

. Yes the right word .. technicality.. He will be back disappointed

fergie001:

Jurisdiction is the lifeblood and existence of any case.

No matter how finely worded a case is, once there is no jurisdiction every decision on it is null and void.

Once the Appeal Court establishes that there is no jurisdiction like I suppose they will, the judgement of the Federal High Court will be thrown out.

Moghalu sued INEC, APC and Andy Uba and it's a preelection matter. I think the issue of jurisdiction is sorted out there.

ejimatic:
. Any Federal High Court can entertain the case Justice Ekwo presided upon! The ground of appeal holds no water

Are you saying if I have a problem in Ekiti, I can approach the Federal High Court in Gusau to resolve same, without recourse to jurisdiction?

The SC has corrected that impression in many cases. Now, let's reason....why did the Chief Judge of the Federal High Court reassign all those cases in Abuja to Awka?

JaroMan:

Moghalu sued INEC, APC and Andy Uba and it's a preelection matter. I think the issue of jurisdiction is sorted out there.

Uba raised the issue of territorial jurisdiction.

The issues concern the Anambra APC Primaries, the cause of action is what determines the case....the Cause of action is in Anambra.

This man should cut soap for me with that money instead of wasting it.