CHIEF J.I. NWOBODO V CHIEF C. C. ONAH & ORS
July 24, 2025HON. PATRICK C. ONUOHA V CHIEF R.B.K. OKAFOR CHAIRMAN N.P.P.
July 24, 2025Legalpedia Citation: (1983) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Fri Nov 25, 1983
Suit Number: SC. 118/1983
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI , JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
S.O. UKPAI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Three persons contested in the election for the Afikpo Federal constituency to the House of Representatives. When the returning officer, one Ewa Edu, declared Udo Oji Okoro of the NPN as being the duly elected member for the constituency, one of the contestants, Shedrack Orji Ukpai was dissatisfied and he filed a petition in the High Court registry of Imo State.
HELD
The Court holding that the High Court sitting at Umuahia was right to have held it had jurisdiction in the matter as there is only one High Court in the State, however directed that the petition be heard in the High Court, sitting in Afikpo, in the Afikpo Judicial Division.
ISSUES
Whether the High Court of a State has jurisdiction or power to try an election petition where the petition relates to a constituency located outside the judicial division assigned to the particular division of the High Court.
RATIONES DECIDENDI
FAIR HEARING
A tribunal that does not hear the other side or in fact any side at all, has not given the litigants a fair hearing. Per Eso, JSC
CASES CITED
Isiyaku Mohammed v. Kano Native Authority (1968) 1 All NLR 424; 426
Ariorl v. Elemo 1983 1 SC.13, at page 24
STATUTES REFERRED TO
Electoral Act 1982
The Constitution of the Federal Republic of Nigeria, 1979
The High Court law of Imo State
The High Court Rules
