The High Court of the Federal Capital Territory, Abuja Division has declined to hear the suit involving the National Youth Council of Nigeria (NYCN), ruling that it would be improper to adjudicate on issues whose foundation is currently the subject of pending proceedings before higher courts.
Hon. Justice J. E. Obanor while delivering judgment in suit number CV/3803/2025 which held virtually on Wednesday held that proceeding at this stage could undermine the administration of justice and lead to conflicting judicial outcomes.
NYCN Incorporated Trustees and Amb. Sukubo Sara-Igbe Sukubo, who sued for himself and on behalf of the extant leadership of the Council, instituted the suit as claimants in a case involving multiple defendants.
The defendants include Comrade Ademola Gbenga, Comrade Okechukwu Nnamene, Comrade Abel Abaji, Comrade Alex Allen Akin, Comrade Hassan Mamman, the Inspector General of Police, the Department of State Services (DSS), another Incorporated Trustees of the National Youth Council of Nigeria (with a 2017 certificate), Prof. Dickson Akoh, Comrade Oscar David Kalu, Comrade Sola Oladeji, and Alhaji Billy Tafawa Balewa.
In its decision, the Court emphasized the need for judicial restraint, noting that the matters raised in the suit are substantially connected to ongoing cases before both the Federal High Court and the Court of Appeal.
The Judge stated that determining the issues at this level could render the outcomes of those superior court cases unnecessary or inconsistent.
Accordingly, the court upheld the preliminary objection filed by the 8th to 12th interested objectors and declined to proceed with the matter.
Justice Obanor stated, “I cannot make a definite pronouncement as to whether the first claimant has or has not ceased to be a juristic person.
Those are matter presently awaiting judicial determination before the Federal High Court in suit number FHC-ABJ-CS-214-265. The outcome of that suit will have a direct and consequential bearing on the present proceedings.
“The determination of the Federal High Court therefore goes to the root of issues presently raised before this Court. There is yet another dimension to this matter. It has been evident before the Court of Appeal that the appeal number C.A. ABJ. CB is pending before the Court of Appeal and concerns issues relating to Trustees, leadership, and the legal status of the National Youth Council of Nigeria. The parties before this Court are substantially involved in those proceedings.
“The reality is that the determination of the issues presently pending before the Federal High Court and the Court of Appeal may substantially affect, influence, or even render unnecessary any decision made by this Court in the present suit. The Court must guide against a situation where parallel proceedings produce inconsistent findings on interconnected issues.
The administration of justice is best served when courts avoid determinations that may conflict with, pre-empt, or undermine issues actively pending before courts of competent jurisdiction.
“One must carefully consider the totality of the circumstances and be satisfied that the issues raised in this suit are intricately intertwined with issues awaiting determination in Suit No. FHC-ABJ-CR-2124-2025 before the Federal High Court, and Appeal No. CA/ABJ/DB/1308/2023 before the court of Appeal.
“In the circumstances, I hold that it would be improper for this Court to proceed to adjudicate upon matters whose foundation is presently the subject of pending proceedings before those Courts. In the interests of justice and the need to arrive at complete decisions require that this Court declines jurisdiction to proceed at this stage. Accordingly, the preliminary objection of the 8th to 12th defendants objectors succeeds. This suit is hereby struck out and that is the ruling of this Court.”