The Supreme Court
yesterday dismissed an
application by the
Peoples Democratic Party
(PDP), asking it for a
consequential order
based on its judgment on
tenure elongation of five
governors.
A seven-member panel,
chaired by the Chief
Justice of Nigeria (CJN),
Dahiru Musdapher said it
has become functus
officio and that the apex
court lacked the power to
make pronouncement on
the case again.PDP’s counsel Chris Uche,
(SAN), had asked the
court to make a
consequential order
declaring that Captain
Idris Wada was the
governor-in-waiting as
at the time the judgment
on tenure elongation of
five governors was
delivered.
In its judgment of
January 27, the apex
court had declared that
the tenure of the
governors expired since
May 28, 2011.
Affected by the judgment
were Governors Ibrahim
Idris (Kogi), Timipre Sylva
(Bayelsa), Liyel Imoke
(Cross-River), Aliyu
Wamako (Sokoto) and
Muritala Nyako
(Adamawa).
Shortly, after the ruling,
the Attorney-General of
the Federation and
Minister of Justice,
Mohammed Adoke, (SAN),
directed that the
Speakers of the Houses
of Assembly in the
affected states should be
sworn in as acting
governors.
Although the Kogi
speaker was sworn in as
acting governor by the
Chief Judge, Wada was
also on the same day
sworn in by the President
of the Customary Court of
Appeal as governor.
Following the intervention
of the presidency, Wada
was retained as the
governor while the
speaker was asked to
quit as acting governor.
In an unanimous ruling
yesterday, the apex
court said it cannot grant
any request for
consequential order.
Justice Musdapher who
delivered the ruling said:
“Any consequential order
must be one giving effect
to the judgment in its
ordinary meaning.
“A consequential order
therefore made
subsequently to a
judgment which drags
from the judgment or
which contains
extraneous matters is
not order within its
jurisdiction.
“Having determined the
rights of parties by
giving judgment, the
Judge becomes functus
officio except for any act
permitted by law or to
support.
“The power to grant
consequential order must
be exercised with great
caution. The jurisdiction
is not a backdoor for
rearguing a case. It is not
to be used for the
purpose of reagitating
argument already
considered by a court or
because a party has
failed to present the
argument.
“It does not extend to
correcting a previous
decision or to make
further orders on a point
or points not an issue at
the hearing.
“There is no doubt this
court has jurisdiction to
give reliefs or make
substantive order where
justice of the case
demands it and where
this court must do
substantial justice.
“The motion is
accordingly dismissed.
Similarly all applications
for joinder are
dismissed,” Musdapher
added.
yesterday dismissed an
application by the
Peoples Democratic Party
(PDP), asking it for a
consequential order
based on its judgment on
tenure elongation of five
governors.
A seven-member panel,
chaired by the Chief
Justice of Nigeria (CJN),
Dahiru Musdapher said it
has become functus
officio and that the apex
court lacked the power to
make pronouncement on
the case again.PDP’s counsel Chris Uche,
(SAN), had asked the
court to make a
consequential order
declaring that Captain
Idris Wada was the
governor-in-waiting as
at the time the judgment
on tenure elongation of
five governors was
delivered.
In its judgment of
January 27, the apex
court had declared that
the tenure of the
governors expired since
May 28, 2011.
Affected by the judgment
were Governors Ibrahim
Idris (Kogi), Timipre Sylva
(Bayelsa), Liyel Imoke
(Cross-River), Aliyu
Wamako (Sokoto) and
Muritala Nyako
(Adamawa).
Shortly, after the ruling,
the Attorney-General of
the Federation and
Minister of Justice,
Mohammed Adoke, (SAN),
directed that the
Speakers of the Houses
of Assembly in the
affected states should be
sworn in as acting
governors.
Although the Kogi
speaker was sworn in as
acting governor by the
Chief Judge, Wada was
also on the same day
sworn in by the President
of the Customary Court of
Appeal as governor.
Following the intervention
of the presidency, Wada
was retained as the
governor while the
speaker was asked to
quit as acting governor.
In an unanimous ruling
yesterday, the apex
court said it cannot grant
any request for
consequential order.
Justice Musdapher who
delivered the ruling said:
“Any consequential order
must be one giving effect
to the judgment in its
ordinary meaning.
“A consequential order
therefore made
subsequently to a
judgment which drags
from the judgment or
which contains
extraneous matters is
not order within its
jurisdiction.
“Having determined the
rights of parties by
giving judgment, the
Judge becomes functus
officio except for any act
permitted by law or to
support.
“The power to grant
consequential order must
be exercised with great
caution. The jurisdiction
is not a backdoor for
rearguing a case. It is not
to be used for the
purpose of reagitating
argument already
considered by a court or
because a party has
failed to present the
argument.
“It does not extend to
correcting a previous
decision or to make
further orders on a point
or points not an issue at
the hearing.
“There is no doubt this
court has jurisdiction to
give reliefs or make
substantive order where
justice of the case
demands it and where
this court must do
substantial justice.
“The motion is
accordingly dismissed.
Similarly all applications
for joinder are
dismissed,” Musdapher
added.
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