May 19, 2025
Legalpedia Citation: (2011-10) Legalpedia (SC) 11613 In the Supreme Court of Nigeria Mon Oct 31, 2011 Suit Number: SC.333/2011 CORAM PARTIES 1. ALHAJI KASHIM SHETTIM 2. ALHAJI […]
CORAM
PARTIES
1. ALHAJI KASHIM SHETTIM
2. ALHAJI ZANNA UMAR MUSTAPHAANDALL NIGERIA PEOPLES PARTY
APPELLANTS
1. ALHAJI MOHAMMED GONI
2. PEOPLES DEMOCRATIC PARTY (PDP)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants had earlier filed a petition at the Bornu State Governorship Election Tribunal; they were however dissatisfied with the decision of the tribunal hence, they appealed to the Court of Appeal sitting in Jos. They filed three appeals to the Supreme Court against rulings of the Court of Appeal sitting in Jos. The three appeals were consolidated and resolved in one appeal
HELD
The lower Court acted not only in error but in excess of jurisdiction and contrary to the provisions of Section 142 of the Electoral Act, 2010(as amended) and paragraph 18 of the Election Tribunal and Court Practice Directions, 2011.The preliminary objections against appeal no- SC: 352/2011 were sustained and the appeal was struck out. Appeals no- SC: 332/2011 and SC: 333/2011 were allowed and the parties were allowed to continue the proceedings from where they stopped.
ISSUES
1) Whether the Court of Appeal was right to have granted the interim order the effect of which is to arrest the ruling of the Tribunal especially when the appeal before it was not ripe for hearing?
2) Whether the learned justices of the Court of Appeal have the jurisdiction to halt/stay the proceedings of the Bornu State Governorship Election Tribunal in BO/EPT/GOV/1/11 having regards to the provisions of Section 18 of the Election Tribunal and Court Practice Directions, 2011 and Section 285(5) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)?
RATIONES DECIDENDI
ELECTION PETITION MUST BE RESOLVED WITH UTMOST URGENCY
“The Urgency involved in election matters advised the National Assembly to fix a time limit of 180 days in Section 285(5) (b) of the 1999 Constitution (as amended) while Section 142 of the Electoral Act, 2010 (as amended) grant authomatic accelerated hearing to election petition and /or appeal arising therefrom to the extent that such matters take precedence over all other cases and matters, including criminal matters” Walter Samuel Nkanu Onnoghen, JSC.
GROUNDS OF APPEAL MUST ATTACK OR COMPLAIN ABOUT THE RATIO IN THE JUDGMENT ON APPEAL
“It is settled law that grounds of appeal must attack or complain about the ratio in the judgment on appeal while issue(s) is/are formulated from the grounds of appeal, so filed and that any issue for determination not arising from the grounds of appeal is deemed incompetent and liable to be struck out.” Walter Samuel Nkanu Onnoghen, JSC.
CLEAR AND UNAMBIGUOUS STATUTES MUST BE GIVEN THEIR ORDINARY MEANING.
“Where the words of any statute are clear and unambiguous, they must be given their ordinary meaning unless this would lead to absurdity or be in conflict with other provisions of the constitution or statute, effect must be given to those provisions without recourse to any consideration, they ought to be so treated” Walter Samuel Nkanu Onnoghen, JSC.
CASES CITED
Nnonyo v. Anichie (2005) 2 NWLR (Pt. 910) 263.Newswatch Communications v. Attah (2006) 12 NWLR (pt. 993) 144.Dingyadi v. INEC (NO.1) (2010) 18 NWLR (Pt. 1224)1; 2010.Uhunmwangho v Okogie (1989) 12 SC 442 at 156.
STATUTES REFERRED TO
Election Tribunal and Court Practice Direction 2011
The 1999 Constitution of the Federal Republic of Nigeria.