CIL CONSOLIDATED INVESTMENTS LTD V FIRST BANK OF NIGERIA PLC & ORS
June 13, 2025FEDERAL MORTGAGE BANK OF NIGERIA V TRANSNATIONAL FINANCE & INVESTMENT LTD & ORS
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 81314
In the Supreme Court of Nigeria
Fri Nov 28, 2003
Suit Number: SC.205/2003
CORAM
UTHMAN MOHAMMED JUSTICE, SUPREME COURT SYLVESTER UMARU ONU ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME
PARTIES
CHIEF SERGENT CHIDI AWUSE APPELLANTS
AREA(S) OF LAW
SUMMARY OF FACTS
By Motion on Notice the applicant prays for an order of Court for accelerated hearing of the appeal and an interlocutory application arising therein and an order of Court striking out the appeal in limine for incompetence.?
HELD
Application succeeds and preliminary objection allowed?
ISSUES
Whether the decision of the Appeal Tribunal (Court of Appeal) on 31/7/2003 remitting the Petition back to the Governorship Election Tribunal for hearing on merit, is not appealable;?
RATIONES DECIDENDI
WHEN AN ELECTION PETITION APEAL LIES FROM THE COURT OF APPEAL TO THE SUPREME COURT
It is only in respect of Presidential Election Petition that an appeal lies from the Court of Appeal to this Court (see Section 233(2) (e) (i) of the Constitution, BUHARI & ORS V. OBASANJO & ORS (supra). Per I.L Kutigi J.S.C.
DECISION OF THE COURT OF APPEAL IN AN ELECTION PETITION IS FINAL
The decision of the Court of Appeal in respect of an appeal arising from an election petition as in this case, is final. Per I.L Kutigi J.S.C.
CASES CITED
ORUBU V. N.E.C. & ORS (1988) 3 N.S.C.C. 333; (1988) 5 N.W.L.R. (PT. 94) 323?
STATUTES REFERRED TO
The 1999 Constitution of the Federal Republic of Nigeria?
