CORAM
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE SUPREME COURT
PARTIES
OYEKAN & OYEDEJI
APPELLANTS
AKINJIDE
RESPONDENTS
AREA(S) OF LAW
ELECTION PETITION-APPEAL-JURISDICTON
SUMMARY OF FACTS
The applicants filed an election petition in which they cited the respondents. The respondents successfully moved the Court, against the applicants’ objections, for further and better particulars of certain allegations contained in the election petition. The applicants applied to the High court for leave to appeal against the order. Dismissal of same led to this appeal.
HELD
Dismissing the appeal.
ISSUES
RATIONES DECIDENDI
POWERS OF A JUDGE TO HEAR AN ELECTION PETITION
The Electoral Act 1962 was passed by parliament and Section 125 of it sets out the powers of a Judge hearing an election petition; these powers include “the same control over the proceedings” as a Judge would have in ordinary proceedings of the Court. There is no warrant for construing this section as assimilating an election petition to ordinary civil proceedings for purposes of appeal. It vests the Judge with powers of control and does not purport to define the quality of proceedings on an election petition or prescribe rights of appeal from those proceedings. Per Onyeama JSC
ELECTION PETITION PROCEEDINGS
The proceedings on an election petition are special proceedings for which special provisions are made in the Constitution, and appeals are governed by Section 117(3) of the constitution. Per Onyeama JSC
CASES CITED
STATUTES REFERRED TO
Electoral Act, 1962 (No. 31 of 1962)
High Court Law of Western Nigeria
Constitution of the Federation