LEGAL PRINCIPLE: APPELLATE PRACTICE — Finality of Judgment — Decisions of Court of Appeal in Election Matters Not Appealable — Nullity Allegations Insufficient to Confer Jurisdiction
PRINCIPLE STATEMENT
The words of the Constitution making Court of Appeal decisions in election matters final are clear and unambiguous; an allegation of nullity of proceedings does not confer jurisdiction on the Supreme Court to entertain an appeal.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Onuaguluchi v. Ndu & Anor (2001) NLC-1082000(SC) at pp. 14–15; Paras D–A.
"The words of section 213(3) of the Constitution (as amended) are clear and unambiguous. To give an appeal in this case would defeat the whole object and purview of the Constitution which is to end interlocutory matters in the Court of Appeal... In the present case, in addition to s.81 (3) of Decree No.5 of 1999 which made the decisions of the Court of Appeal in the relevant election matters final... It is impossible to separate that decision of 24 June, 1999 from that of 30 May, 2000. The latter simply confirmed that there was nothing improper in the former which decided the appeal from the Tribunal's judgment. Both were in the cause and course of laying the election appeal to rest. Howsoever both may have proceeded to achieve that result, it presaged the end of the present appellant's right of appeal. This court is without jurisdiction to entertain an appeal from the said decision of 30 May, 2000."
EXPLANATION / SCOPE
The constitutional provision making Court of Appeal decisions in election matters final is clear. Allegations that the proceedings were a nullity do not confer jurisdiction on the Supreme Court. The finality provision is absolute. The court cannot separate related decisions in the same election appeal. The principle ensures that election disputes are resolved quickly without further appeals. The Supreme Court will not entertain any appeal, regardless of the alleged error. The only exception is where the matter was not genuinely an election appeal. The appellant cannot circumvent the finality provision by labelling the decision a nullity. The provision ousts jurisdiction completely.
