Can A Lower Court Enforce The Judgement Of A Superior Court? -By Sarafa Ibrahim

In recent times, there has been a flood wave of questions on the possibility of a lower court giving effect to the judgement of a superior court. These questions got to a high point after a High Court sitting in Ilesa, Osun state, gave a judgement to compel the Osun State Independent Electoral Commission (OSSIEC) to go ahead with the planned February 22, 2025, local government elections in the state.

The court based its decision on the judgement of the Court of Appeal on January 13, 2022, which had dismissed an appeal filed by the All Progressives Congress (APC) and others to upturn the judgement of the Federal High Court, Osogbo, in suit no FHC/OS/CS/103/2022 which nullified the October 15, 2022, local government elections held by the immediate past administration of Alhaji Gboyega Oyetola.

Some people, mostly members and supporters of the Osun APC, have dismissed the possibility, arguing that a lower court cannot make pronouncement on a decision already adjudicated by a superior court. The question that now arises is, how valid is their argument?

Well, the Supreme Court in Appeal no. SC/CV/1174/2024 in the matter between the Rivers State House of Assembly v Rivers State Government and others, which judgement was given recently, attempted that question. In the lead judgement delivered by Emmanuel Akomaye Agim, JSC, the apex court affirmed the mandatory power of a lower court to enforce judgement of a superior court or of coordinate jurisdiction by relying on the provisions of Section 287(2) and (3) of the Constitution of the Federal Republic of Nigeria of 1999 (as amended).

Justice Agim quoted the law to read as follows “(2) The decisions of the Court of Appeal shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Court of Appeal. (3) The decision of the Federal High Court, National Industrial Court, a High Court and all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Federal High Court, National Industrial Court, a High Court and those courts, respectively.”

The clear inference from the above position of the law, which the Supreme Court emphasised is that, the order for the conduct of the February 22, 2025 local government elections in Osun state was valid and in conformity with the rule of law. This makes arguments against the decision of the court perverse and worse, an assault on the Nigeria’s constitution, which is the very foundation of the country.

Contrary to the mischievous inclinations, the Osun State High Court only gave legal effect to the decision of the Court of Appeal in CA/AK/226M/2024, which affirmed the judgement of the Federal High Court that sacked the YES or NO officials. That decision affirmed vacancy in the 30 local governments recognized by the law in Osun state and therefore ordered elections to fill them.

It therefore amount to gross indiscipline and abuse of rule of law for the Osun APC to assume that its opinion, which is obviously perverse, outweigh valid pronouncements of courts of competent jurisdiction. The Supreme Court in NGERE & ANOR v. OKURUKET & ORS(2014) LPELR-22883(SC) affirmed the efficacy of a subsisting and valid judgement by holding that “… The judgement of a Court of competent jurisdiction subsists until upset on appeal. While the judgement subsists, every person affected by it or against whom an order is made must obey it even if it appears wrong. Judgements take effect immediately they are delivered and every Court has inherent power to enforce judgements at once. The enforcements on delivery can only be interrupted by a stay of execution provided there is an appeal.”

This is the reality that Osun APC cannot run away from, no matter how delusional it seems. In the face of the law, the election of the YES or NO remains nullified until the judgement in the Action Peoples Party (APP) sacking them is set aside by a superior court just as the decision of the Osun State High Court sanctioning the February 22, 2025 local government elections is impeccable.

In fact, the Osun APC’s second-guessing judicial pronouncement, willfully misrepresenting them to create confusion and crisis, is contemptuous and further highlights the party’s disdain for rule of law. Judgements of court are not products on the shelves of supermarket that can be cherry picked as the Osun APC have been doing, which spotlights its illegal attempt to foist itself on the people.

• Sarafa Ibrahim writes from Iwo, Osun state.