𝗕rouhaha over 𝗢sun State 𝗟𝗚𝗔 elections and questions arising from stakeholders’ unprofessional bastardization of the Nigerian Federal High Court

By Sylvester Udemezue

I’m going through the CA judgment on Osun LGA. I plan to offer an opinion thereon.

But, in the meantime, I can tell you for free, that the reliefs sought at the FHC were/are outside the limited jurisdiction of Nigeria’s Federal High Court:

1. What exactly is the business of Nigeria’s Federal High Court with LGA elections in Osun State? How did the FHC assume jurisdiction over the case in the first instance?
2. What power does the FHC have to dabble into whether a State Independent Electoral Commission can or cannot conduct LGA elections or whether a State Independent Electoral Commission has met or has not met any condition(s) precedent for conduct of LGA elections?
3. Who gave Nigeria’s Federal High Court power to determine whether any LG Law of any state is inconsistent or not inconsistent with the Nigerian Constitution?
4. From where does the FHC get jurisdiction to sit over any case related to whether the office of an LGA Chairman has become vacant or whether the tenure of an LGA Chairman has or has not ended?
5. Where in our laws is any power or jurisdiction reserved for Nigeria’s Federal High Court to look into issues revolving around conduct of LGA elections or powers of a State Independent Electoral Commission?
6. I have a humble suggestion: It should be made a mandatory condition before anyone is employed as a judge of Nigeria’s Federal High Court, to sit for a mandatory examination on scope and limits of the jurisdiction of Nigeria’s Federal High Court. Unless you pass the exam, you’d not be employed. Such an examination is necessary now because, it appears, some FHC judges do not know the horizons of their statutory jurisdiction. This is why they accept and assume jurisdiction over all manner of cases that fall outside their jurisdiction. Or, could this be as a result of evil influence of some unscrupulous politicians who act in collaboration with unethical lawyers and judges?
7. Well, I’m still reading the CA judgment on OSUN LGA elections, and I will still go through the Osun High Court judgment, the statement by the HAGF and the statement by the Osun Government. Thereafter, I will offer a detailed opinion to represent my position on the issue. However, before i leave, the question is still burning in my head: Who gave Nigeria’s Federal High Court power over any issue relating to LGA elections? When would Nigerian lawyers and their collaborators at the Federal High Court bench appreciate that it is not the PARTY but the SUBJECT that determines jurisdiction of the Federal High Court? So, if you like, and with a view to bringing your matter before the FHC, add all federal government agencies to the originating papers, it’s still the SUBJECT MATTER, not the parties, that determines FHC’s jurisdiction.
8. NBA needs to start retraining Nigerian judges and lawyers, including me, on jurisdiction of courts and observance of legal ethics.
9. There’s fire on the mountain, especially at the Federal High Court.
10. When we were in school, we learned that the jurisdiction of Nigeria FHC (Federal High Court) is both LIMITED and EXCLUSIVE – LIMITED because it does not have jurisdiction to hear all matters save those assigned to it by law; and EXCLUSIVE because it has monopoly over the matters assigned to it by law. It is not an all-comers-affair Court, to hear all matters under the sun. Unfortunately, Nigerian lawyers (especially the Seniors who should know better) have turned the Federal High Court into a Court of unlimited jurisdiction. Besides, any FHC anywhere now hears any case from any state.. The aim of creation of Divisions of the FHC is now defeated by the shenanigans of some of our senior lawyers, some unprofessional and incompetent judges and their politician-influencers. President Buhari’s prophecy about “Nigeria: From Top To Bottom.” is coming to pass.
11. In Kano State, senior lawyers had dragged CHIEFTAINCY MATTERS before the FHC and the FHC welcomed it, and decided it; thank God, the Court of Appeal has set aside the illegal judgment of the FHC. In Rivers State they brought LGA Election matters before the FHC and the FHC happily decided it although the Court of Appeal has now thrown away that illegal judgment of the FHC. Ditto in Osun and in many places. In the case of Rivers State, senior lawyers deliberately took to an FHC presided over by Hon Justice Omotosho, an issue that is not in dispute at all in Rivers State, and the respected Hon judge decided it with happiness, handing the Claimants a huge CADMEAN VICTORY – the type of victory that is absolutely unhelpful for any purpose to the so-called victor. Federal High Courts judges in Abuja are hearing matters arising from Rivers while the Minister of the FCT is building Quarters for judges of the FHC, Abuja. 😂🤣🤣. There is total chaos in the FHC. A discussion for another day.
12. One thing is obvious, from the provisions of the Constitution and other laws:

🅰. Jurisdiction of the Federal High Court is determined primarily by SUBJECT MATTER, not by PARTIES. Thus, the mere fact you drag a FEDERAL GOVERNMENT AGENCY before the FHC is not enough legal justification to give the FHC any jurisdiction on your matter. For the FHC to have jurisdiction, the SUBJECT MATTER must be within its statutory jurisdictional competence

🅱. Jurisdiction of the Supreme Court is determined primarily by PARTIES, not SUBJECT MATTER

I shall make out time to contribute an opinion on this although i think most lawyers AND JUDGES know most of these but are only doing anyhow thereby killing the legal profession in Nigeria, because of:

1. MONEY (some place money and politics above legal ethics)
2. POLITICS (some are carried away by political leaning)
3. UNPROFESSIONALISM (many senior lawyers are shamelessly unprofessional) and
4. SELFISHNESS.
   Respectfully,
   Sylvester Udemezue (Udems),
   Legal Practitioner, Law Teacher, and Proctor of The Reality Ministry of Truth, Law and Justice (TRM)
   08109024556.
   TheRealityMinister@Gmail.Com…