judy.legal
Login Register

ALL NIGERIAN PEOPLES PARTY V. THE RETURNING OFFICER ABIA STATE & ORS

(2007) JELR 48112 (SC)

Supreme Court  •  SC.78/2005  •  22 Feb 2007  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

N. TOBI, J.S.C (Delivering the Leading Judgment): In the nature of the reliefs sought, and on the arguments of counsel in their briefs, I have no difficulty in coming to the conclusion that this is an election matter clearly outside the jurisdiction of High Courts. In my humble view, the Federal High Court lacks the jurisdiction to entertain the appellant's suit and the Court of Appeal was Correct in so holding. A relief on certiori smuggled into this matter cannot change the character of the matter as an election matter clearly belongs to the appropriate Election Tribunal. Section 285 of the Constitution is clear on this. In the light of the above, I do not see any need for this court to ask counsel for the respondents to reply. The appeal lacks merit and it is dismissed. I award N 10,000.00 costs to each set of respondents.

S. U. ONU, J.S.C: We do not intend to call on the other side to reply. Having been privileged to read the judgment of my learned brother Niki Tobi, JSC, I agreeā€¦

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login