CORAM
FRANCIS FEDODE TABAI, JUSTICE OF THE SUPREME COURT
ALOMA MARIAM MUKHTAR, JUSTICE OF THE SUPREME COURT
ALOMA MARIAM MUKHTAR, JUSTICE OF THE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE OF THE SUPREME COURT
SAIFULLAHI MUNTAKA-COOMASIE, JUSTICE OF THE SUPREME COURT
JOHN AFOLABI FABIYI , JUSTICE OF THE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE OF THE SUPREME COURT
ALOMA MARIAM MUKHTAR, JUSTICE OF THE SUPREME COURT
PARTIES
1. HON. SUNDAY UGWA
2. PEOPLES DEMOCRATIC PARTY (PDP)
APPELLANTS
HON. OJI LEKWAUWA & ANOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant and the 1st Respondent contested the elections into the Abia State House of Assembly for the Bende North State Constituency in Abia State. The 1st Respondent won the election and was declared winner by the 2nd Respondent. This however displeased the Appellant who filed a petition at the Governorship and Legislative Election Tribunal where his petition was dismissed. Further displeased, the Appellant appealed to the Court of Appeal, Port Harcourt division where his appeal was upheld and he was declared winner of the election. The 1st Respondent being dissatisfied with the judgment of the Court of Appeal, Port Harcourt division, filed an application by way of a motion to the Court of Appeal, Owerri division praying the court to set aside the decision of the Court of Appeal, Port Harcourt division by reason of the decision being based on an amended brief which was not properly before the court. The Appellant filed a preliminary objection on the ground that the Court of Appeal, Owerri division had no jurisdiction as it was of concurrent jurisdiction with the Court of Appeal, Port Harcourt division, and thus could not set aside its decision. The Court of Appeal, Owerri division dismissed the preliminary objection and set aside the decision of the Court of Appeal, Port Harcourt division and ordered that the appeal be reheard by another appeal tribunal. This decision did not satisfy the Appellant who has now appealed to the Supreme Court.
HELD
APPEAL STRUCK OUT
ISSUES
1. Whether the Supreme Court has the jurisdiction to entertain this appeal having- regard to the provisions of Section 245 (l)(b) and (3) of the Constitution ?
RATIONES DECIDENDI
APPEALS FROM THE DECISIONS OF ELECTION TRIBUNALS – THE COURT OF APPEAL HAS THE JURISDICTION TO HEAR APPEALS FROM THE DECISION OF THE ELECTION TRIBUNALS ON STATE HOUSES OF ASSEMBLY, GOVERNORSHIP AND NATIONAL ASSEMBLY ELECTIONS, AND ITS DECISION IS FINAL.-
“Appeals from decisions of election Petition Tribunals on State Houses of Assembly, National Assembly and Gubernatorial elections are heard by the Court of Appeal and its decisions are final on these elections. See Section 246 (i) (b) (3) of the Constitution. An appeal to the Supreme Court from the final decision of the Court of Appeal would amount to no appeal, since the Supreme Court has no jurisdiction to hear such an appeal.” PER B. RHODES- VIVOUR, JSC
DECISION OF THE COURT OF APPEAL IN RESPECT OF ELECTION PETITIONS – THE DECISION OF THE COURT OF APPEAL IN RESPECT OF APPEAL FROM ELECTION PETITION TRIBUNALS ARE FINAL
“This court made it abundantly clear that decisions of the Court of Appeal are final when dealing with appeals from Election Petition Tribunals on National Assembly, Governorship and State Houses of Assembly elections.” PER B. RHODES- VIVOUR, JSC
JURISDICTION OF THE SUPREME COURT IN ELECTION MATTERS – THE JURISDICTION OF THE SUPREME COURT IS THE FINAL WHEN THE ISSUE IS WHETHER A PERSON HAS BEEN VALIDLY ELECTED TO THE OFFICE OF PRESIDENT OR VICE-PRESIDENT
“The Supreme Court is the final court in all matters but when determining election matters its decision are final when the issue is whether a person has been validly elected to the office of President or Vice-President.” PER B. RHODES- VIVOUR, JSC
LIMITATION ON THE JURISDICTION OF THE SUPREME COURT – THE SUPREME COURT DOES NOT HAVE JURISDICTION TO HEAR APPEALS FROM THE COURT OF APPEAL IN RESPECT OF APPEALS FROM DECISIONS OF ELECTION PETITION TRIBUNALS
“The decision of the Court of Appeal in respect of appeals arising from decisions of Election Petition Tribunals concerning election to the State House of Assembly as herein, are final and not subject to appeal to this court. This court is not imbued with jurisdiction over same. Refer to Onuaguluchi v. Ndu (2001) 7 N24/LR (Pt. 713) 309 at 321; Awuse v. Odili (2003) 18 NWLR (Pt.851) 116 at 151.”PER J. A. FABIYI, J.S.C
ABSENCE OF JURISDICTION – ABSENCE OF JURISDICTION WILL ROB THE COURT OF THE POWER TO DETERMINE AN ACTION.
“Jurisdiction is a fundamental issue, the absence of which would rob this court, or any court for that matter, the power to determine the appeal.” PER M. S. MUNTAKA-COOMASSIE, J.S.C
APPEAL AS OF RIGHT – INSTANCES WHERE APPEALS LIE FROM THE DECISION OF THE COURT OF APPEAL TO THE SUPREME COURT AS OF RIGHT
“By the provisions of Section (6) (1) of the Constitution Courts in Nigeria derive their jurisdiction from the Constitution. An appeal lies from decisions of the Court of Appeal to the Supreme Court as of right in the following cases:
Where the ground of appeal involves questions of Law alone, decisions in any civil or criminal proceedings before the Court of Appeal;
decisions in any civil or criminal proceedings on questions as to the interpretation or application of the Constitution;
decisions in any civil or criminal proceedings on questions as to whether any of the provisions of chapter IV of the Constitution has been, is being or is likely to be contravened in relation to any person;
decisions in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death imposed by any other court;
(e) decisions on any question:-
(i) Whether any person has been validly, elected to the office of President or Vice- President under the Constitution;
(ii) Whether the term of office of President or Vice President has become vacant; and
(f) Such other cases as may be prescribed by an Act of the National Assembly”. PER B. RHODES- VIVOUR, JSC
APPEALS FROM THE DECISIONS OF ELECTION TRIBUNALS – THE COURT OF APPEAL HAS THE JURISDICTION TO HEAR APPEALS FROM THE DECISION OF THE ELECTION TRIBUNALS ON STATE HOUSES OF ASSEMBLY, GOVERNORSHIP AND NATIONAL ASSEMBLY ELECTIONS, AND ITS DECISION IS FINAL.-
“Appeals from decisions of election Petition Tribunals on State Houses of Assembly, National Assembly and Gubernatorial elections are heard by the Court of Appeal and its decisions are final on these elections. See Section 246 (i) (b) (3) of the Constitution. An appeal to the Supreme Court from the final decision of the Court of Appeal would amount to no appeal, since the Supreme Court has no jurisdiction to hear such an appeal.” PER B. RHODES- VIVOUR, JSC
APPEAL TO THE SUPREME COURT – NO APPEAL WILL LIE TO THE SUPREME COURT IN RESPECT OF MATTERS SET OUT IN SECTION 246 OF THE 1999 CONSTITUTION.
“It is now well settled that no appeal will lie to this court from the decision of the Court of Appeal in respect of the matters set out in Section 246 of the 1999 Constitution be it post final judgment /decision, as the learned counsel to the appellants posited, or any decision whatsoever of the Court of Appeal.” PER M. S. MUNTAKA-COOMASSIE, J.S.C
COURT OF APPEAL -INHERENT POWER OF THE COURT OF APPEAL TO CORRECT REAL ERRORS CONCERNING ITS FINAL DECISION ON ELECTION MATTERS
“The Court of Appeal has inherent powers to correct real errors or abuse of its process in, or arising out of, or concerning its final decisions on election matters and no appeal shall be entertained by the Supreme Court even if the decision is “wrong.” PER B. RHODES- VIVOUR, JSC
CASES CITED
None
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999
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