Legalpedia Citation: (2011) Legalpedia (SC) 11511

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Thu Jan 27, 2011

Suit Number: SC 283/2010

CORAM

UDO UDOMA

ALOYSIUS IYORGYER KATSINA-ALU, JUSTICE SUPREME COURT

COMMASIE

PARTIES

PEOPLE DEMOCRATIC PARTY APPELLANTS

DR. EMMANUEL ONWESENATOR JULIUS ALI UCRA RETURNING OFFICER, EBONYI CENTRAL SEATORIAL DISTRICT INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)THE CLERK OF NATIONAL ASSEMBLY RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The case of the Petitioner DR. EMMANUEL ONWE who was the 1st Appellant at the Court below and the 1st Respondent herein was that he was the duly nominated candidate of the Appellant (People Democratic Party) representing Ebonyi Central Senatorial District at the party’s primary election held on the 2nd of December, 2006. And that he was by that fact of his nomination presumed in law to be the candidate that contested the election of the 21st April, 2007 under the PDP and that he should be declared the Senator representing the Ebonyi Central Senatorial District in the Senate and not the 2nd Respondent, Senator Julius Ali Ucha. The tribunal dismissed the petition on the ground that it lacked jurisdiction. On appeal, he was declared winner of the election. Dissatisfied, the Appellant filed this appeal.

HELD

Appeal allowed

ISSUES

None.

RATIONES DECIDENDI

PROPER COURT TO INITIATE A PRE-ELECTION MATTER

“The issue in this appeal is substitution, a pre-election matter. The proper court to initiate proceedings is the Federal High Court and not an Election Petition Tribunal as was done in this case. Accordingly, the judgment delivered by the Election Petition Tribunal on a pre-election matter is a nullity.”

JURISDICTION – JURISDICTION IN PRE-ELECTION MATTER LIES WITH THE FEDERAL OR STATE HIGH COURT

“Being a pre-election matter, only the Federal High Court or a State High Court has jurisdiction.”

SUBSTITUTION OF ELECTORAL CANDIDATE – APPEALS ON ISSUES OF SUBSTITUTION OF ELECTORAL CANDIDATE ENDS AT THE SUPREME COURT

“The fact that appeals on election matters terminate in the Court of Appeal does not apply here as appeals on issues of substitution terminates in this court. This Court thus has jurisdiction to make pronouncements on pre-election matters (in this case substitution). Both judgments of the two courts below are nullities.”

CASES CITED

Not Available

STATUTES REFERRED TO

None.|

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