Legalpedia Citation: (2010) Legalpedia (SC) 91511
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Mar 4, 2010
Suit Number: SC.143/2010
CORAM
CHARLES OLUSOJI MADARIKAN
PARTIES
HON. SUNDAY UGWAPEOPLES DEMOCRATIC PARTY (PDP)
HON. OJI LEKWAUWAINDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) 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. The 1st respondent won and was declared the winner by the 2nd respondent, the appellant instituted an action.
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
ELECTION PETITION-WHETHER THE SUPREME COURT CAN ENTERTAIN PURELY ELECTION PETITION MATTERS ON APPEAL.
“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. The Court of Appeal has inherent power 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.”
CASES CITED
Not Available.
STATUTES REFERRED TO
Not Available.|
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