LEGAL PRINCIPLE: APPELLATE PRACTICE — Jurisdiction — Supreme Court — Supervisory Jurisdiction Over Court of Appeal in Election Matters — Absence of
PRINCIPLE STATEMENT
The decision of the Court of Appeal in an election appeal is conclusive and terminal; the Supreme Court has no supervisory jurisdiction, and an allegation of nullity does not defeat the finality provision.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Onuaguluchi v. Ndu & Anor (2001) NLC-1082000(SC) at pp. 20–21; Paras D–A.
"By virtue of the provisions of section 81 (3) of the said Decree, the decision of the Court of Appeal in respect of an appeal brought before it pursuant to S.81 (1) of the same Decree, as in this case, is final. The words of section 81(3) of the said Decree are clear and unambiguous and cannot in my respectful view, be defeated by the allegation of nullity of the proceedings of the Court of Appeal as submitted by the learned counsel for the appellant. The decision of the Court of Appeal in appeal No. Court of Appeal/E/91/99 is conclusive and terminal for all intents and purposes and cannot be the subject of an appeal to this or any other court in Nigeria."
EXPLANATION / SCOPE
The Supreme Court has no supervisory jurisdiction over the Court of Appeal in election matters. The finality provision is absolute. An allegation that the Court of Appeal proceedings were a nullity does not defeat the provision. The decision is conclusive and terminal. No appeal lies to the Supreme Court or any other court. The principle ensures finality in election disputes. The Court of Appeal is the final arbiter for election petitions. The Supreme Court will not entertain any challenge, regardless of the grounds. The provision ousts jurisdiction completely. The appellant cannot invoke the Supreme Court’s supervisory powers. The decision is binding on all parties.
