DAVID UMARU V. DR. MUAZU BABANGIDA ALIYU & 14 ORS

CORAM

PARTIES

DAVID UMARU ALL NIGERIA PEOPLES PARTY APPELLANTS

DR. MUAZU BABANGIDA ALIYU & 14 ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The dispute between the parties in this appeal arose from the election of the 1st Respondent as the Governor of Niger State following the nationwide election held on 14th April, 2007. The Election Tribunal dismissed the petition of the Appellant which was confirmed by the Court of Appeal, the Appellant then brought a motion setting aside the judgment same was refused and he further appealed to the Supreme Court.

HELD

Appeal dismissed

ISSUES

None

RATIONES DECIDENDI

APPELLATE COURT – POWERS OF AN APPELLATE COURT

“An appellate power is traceable to a specific statute. That statute will then definite the limit of the appellate jurisdiction it conferred, the persons who can appeal and procedure for such an appeal.” PER MOHAMMED, JSC

JURISDICTION OF A COURT IS LIMITED BY THE CONSTITUTION.

“The courts, especially the superior courts cannot confer upon themselves jurisdiction where none was conferred on them by the Constitution or any relevant statutes in a bid to do justice”. Per MAHMUD MOHAMMED, JSC

JURISDICTION – CONSTITUTION CONFERS JURISDICTION

“It is agreed that the Constitution is the donor of the required jurisdiction. Once the Constitution, a grundnorm, did not confer jurisdiction on a court, that court cannot fall back on its inherent jurisdiction to assume power to do something which the Constitution did not specifically allow it to do.” PER MUNTAKA-COOMASSIE, JSC

THE DECISION OF COURT OF APPEAL ON GOVERNORSHIP ELECTIONS IS FINAL UNDER S.243(3) 199 CFRN 1999.

“The decision of the Court of Appeal in appeals from the decision of Governorship Election Tribunal is final. This Court has no jurisdiction to entertain appeals from the decision of the Court of Appeal in view of the provisions of section 246(3) of the 1999 Constitution”. Per MAHMUD MOHAMMED, JSC

INHERENT POWERS OF COURTS- NO COURT HAS INHERENT POWER TO HEAR AN APPEAL.

“The inherent powers of Courts differ considerably from the appellate powers. Inherent powers of Courts are general powers; the powers vested in any court to hear and determine an appeal is rather a specific and special power; inherent powers are not conferred by legislation; appellate powers are. No Court has inherent power to hear an appeal.” PER MOHAMMED, JSC

LIMITS OF THE SUPREME COURT FROM TAKING THE APPEALS FROM COURT OF THE COURT OF APPEAL.

“By virtue of the provision of section 233 of the 1999 Constitution this Court has exclusive jurisdiction to entertain all appeals from the decisions of the Court of Appeal, that jurisdiction does not include decision of that Court arising from election petitions which came to that Court on appeal from decisions of election Tribunals.” Per MAHMUD MOHAMMED, JSC

CASES CITED

1. Hon.Sani Sha’aban & Anor. V Alhaji Namadi Samba & Ors2. Adigun & Ors. v. Attorney-General Oyo State No. 2(1987) 2 N.W.L.R. (Pt. 65)197 at 2353. Yusuf V. Obasanjo (2003) 16 NWLR (pt. 847) 532.

STATUTES REFERRED TO

1. 1999 Constitution

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