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NATIONAL ELECTORAL COMMISSION & ANOR V. CHIEF F.A. NZERIBE

(1991) JELR 43042 (CA)

Court of Appeal  •  CA/L/293/90  •  8 Apr 1991  •  Nigeria

Coram
ADENEKAN ADEMOLA JCA; BOLARINWA OYEGOKE BABALAKIN JCA; FRANCIS OLISA AWOGU JCA;

Judgement

AWOGU, J.C.A: (Delivering the Leading Judgment): This appeal is against the exercise of jurisdiction, and calls into question, once again, the extent to which ouster clauses in Decrees also oust the supervisory jurisdiction of our superior courts of record.

The facts of the case are not seriously in dispute. In 1988, Chief Nzeribe went to the 1st defendant for clearance under Section 4 of Decree No.25 of 1987. The 1st defendant/appellant (hereinafter referred to as the Commission) disqualified him from participation in politics. He appealed to the Transition to Civil Rule Tribunal (hereinafter referred to as the Tribunal) which decided on 19th May, 1989, as follows:

"In view of the foregoing, we make an order setting aside the decision of the National Electoral Commission that the appellant, Chief Francis Arthur Nieribe was a person disqualified from seeking election to public office by virtue of the 'Participation in Politics (Prohibition) Decree No. 25 of 1987. However, we want to …

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