CONSTITUTIONAL LAW — Immunity of Public Officers — Section 308 of 1999 Constitution — Distinction from Amaechi v. INEC
Principle Statement
The case of Amaechi v. INEC is clearly distinguishable from the appellant's case: (1) In Amaechi's case the matter was commenced before the regular courts before the election was held, whereas this action was commenced after the election and the 1st respondent had occupied the seat of governor for nine months. (2) The doctrine of lis pendens was not raised in this case. (3) The doctrine of laches, acquiescence and standing-by was not raised in Amaechi's case. (4) In this case, there was no case pending in court before the date of the election on the 14th of April, 2007.
Ratio Decidendi (Source)
Per ADEKEYE, JSC, in Hassan v. Aliyu & Ors (2010) NLC-123-170-2009(SC) at p. 64; Paras A-D.
"The case of Amaechi v. INEC is clearly distinguishable from the appellant's case: (1) In Amaechi's case the matter was commenced before the regular courts before the election was held, whereas this action was commenced after the election and the 1st respondent had occupied the seat of governor for nine months. (2) The doctrine of lis pendens was not raised in this case. (3) The doctrine of laches, acquiescence and standing-by was not raised in Amaechi's case. (4) In this case, there was no case pending in court before the date of the election on the 14th of April, 2007."
Explanation / Scope
This principle establishes that Amaechi v. INEC is distinguishable where the action was commenced after the election and the Governor had occupied office for nine months. The doctrines of lis pendens, laches, acquiescence, and standing-by are not applicable. The principle applies where a party seeks to rely on Amaechi’s case. It ensures that the distinctions are properly considered. The principle reflects that each case must be decided on its facts. It prevents automatic application of precedent without distinguishing facts. The court must examine the circumstances. The principle provides guidance on distinguishing election cases.
