Cookie Policy
DAHIRU MUSDAPHER, J.S.C. (Delivering the Leading Judgment).: The 1st respondent has filed preliminary objection to the hearing of the appeals herein on a number of grounds the principle of which is that this court has no jurisdiction to entertain the appeals under the provisions of section 246 (3) of the Constitution. The 1st respondent expatiated the objection in the respondent's brief in which he argued that this court has the competence to hear the appellants' appeals as filed in this court. Both senior learned counsel for the parties extensively addressed the court on their respective stands on the issues.
Now section 246(3) of the Constitution provides-
"The decision of the Court of Appeal in respect of appeals arising from election petitions shall be final."
The learned counsel for the appellant in his Reply brief concedes that an appeal in a gubernatorial election petition terminates at the Court of Appeal, but submits that this is not an appeal on an election petition, but an…