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APOSTLE SELEDE ESEWE V. CHIEF NELSON TEBESAGBEHA GBE & ORS.

(1988) JELR 42781 (SC)

Supreme Court  •  SC.119/1988  •  4 Jul 1988  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC;

Appearances
Dr. Mudiaga Odje. S.A.N, (with him, A. L. Keshinro) For Appellant Chief C. O. Ihensekhien, S.A.N. (with him, F. Zimughan, B. O. Adebisi and Alhaji S. Hassan)E. E. Osifo For Respondent

Judgement

A. O. OBASEKI, J.S.C. (Delivering the Leading Ruling): Having heard the submissions of counsel for all the parties and read the Local Government Elections Decree, 1987 No. 37 of 1987, I uphold the preliminary objection raised by the 1st respondent and hold that as the Decree No. 37 of 1987 does not vest any jurisdiction in the Supreme Court this Court has no jurisdiction to entertain the applications contained in the motion paper filed by the applicant. Section 36(2) of the Decree makes the decision of the Court of Appeal final on any question relating to Local Government Elections under that Decree and does not give the Supreme Court appellate or supervisory jurisdiction.

The application is hereby struck out with N50.00 to the 1st respondent and N50.00 to the 2nd to 5th respondents.

M. L. UWAIS, J.S.C.: The application before us arose from the decision of the Court of Appeal in an election petition filed in the High Court of Bendel State sitting at Warri. The petition is in respect …

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