May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 11107 In the Supreme Court of Nigeria Fri Mar 5, 2010 Suit Number: SC.132/2009 CORAM PARTIES HON. EHIOZE EGHAREVBA APPELLANTS HON. CROSBY OSADOLOR […]
CORAM
PARTIES
HON. EHIOZE EGHAREVBA APPELLANTS
HON. CROSBY OSADOLOR ERIBO & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was declared winner of an election. The 1st respondent filed an election petition at the election tribunal against the appellant who claimed he was validly nominated but unlawfully excluded. His petition was declared incompetent but was upturned on appeal. The appellant has appealed.
HELD
Appeal is dismissed.
ISSUES
Whether the lower court was right when it held that he trial court had no jurisdiction to entertain the certiorari application of the appellant?
RATIONES DECIDENDI
ELECTION PETITIONS ARE SPECIAL PROCEEDINGS.
“It must therefore be remembered that an election petition is not always be treated as the ordinary civil suit in court. An election legislation creates a special jurisdiction and the ordinary rules of procedure in civil cases do not always serve to effectuate it purpose.” Per ADEKEYE J.S.C
JURISTICTION: WANT OF COMPETENCE OF COURT.
“Jurisdiction is a radical and fundamental question of competence, for if the court has no jurisdiction to hear the case, the proceedings are and remains a nullity however well-conducted and brilliantly decided they might have been. A defect in competence is not intrinsic but rather extrinsic to adjudication” Per ADEKEYE J.S.C
POWER OF HIGH COURT OVER LOWER COURTS.
“The High Court has an inherent jurisdiction to control all inferior tribunals not in an appellate capacity, but in a supervisory capacity.” Per ADEKEYE J.S.C
JURISDICTION :SCOPE.
“Jurisdiction also defines the power of the court to inquire into facts, apply the law, make decisions and declare judgment.” Per ADEKEYE J.S.C
CASES CITED
1. Oloba v. Akereja (1988) 3 NWLR pt. 84 pg. 508
2. Obriode v. Oyebi (1984) 1 SCNLR Pg. 390.
3. Ezomo v. Oyakhire (1985) 1 NWLR pt. 2 pg. 105
4. Petrojessica Enterprise Ltd. v. Leventis Technical Co. Ltd. (1992) 2 SCNLR pg. 341
5. Barclays Bank v. Central Bank of Nigeria (1976) 6 SC. pg. 175
6. Oyekan v. Akinjide (1965) NWLR pg. 381.
7. Prince Uche Nwole v. Chief Amadi C. Iwuagwu & Ors (2004) 15 NWLR pt.895 pg. 61 at page 87
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria 1999