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CHIEF (MRS) OLUFUNKE VICTORIA EHUWA V. ONDO STATE INDEPENDENT ELECTORAL COMMISSION & ORS.

(2006) JELR 35651 (SC)

Supreme Court  •  SC.165/2005  •  15 Dec 2006  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; SUNDAY AKINOLA AKINTAN JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC;

Appearances
Orji Nwafor Orizu, Esq. (with him, Linus Okwule, Esq., and Nnajiofor Emeka, Esq.) For Appellant Uche Anasor-Anabiu [Mrs] (Director, Civil Litigation, Ministry of Justice, Ondo State) Aderemi Olatubora, Esq. (with him, Tunde Atere, Esq. and Azubike Moneke, Esq.) For Respondent

Judgement
<p>OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the ruling of the Court of Appeal, Benin Division (hereinafter called (&quot;the court below&quot;) delivered on 8th July, 2005 declining jurisdiction to entertain the appeal filed by the appellant against the judgment of the High Court of Ondo State on the ground that, that court was the final court.</p><p> The facts of the case briefly stated, are, that the appellant was the petitioner at the Local Government Election Petition Tribunal, Ondo State where she challenged the nomination, sponsorship and eventual election of the 2nd respondent as the Chairman of the Ilaje Local Government of Ondo State. After the trial, the Tribunal declined to determine the petition on the merits on the ground that it was/is an internal affair of the party and therefore, dismissed the petition. The appellant appealed to the High Court of Ondo State, which court, after hearing the appeal, dismissed the appeal and upheld/affirmed the decision of …</p>

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