LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Election Petitions — Court of Appeal as Final Court — Governorship and Legislative Houses Elections
PRINCIPLE STATEMENT
Section 246(1) of the 1999 Constitution provides that appeals against decisions of election petition tribunals for National Assembly, Governorship, and State Houses of Assembly elections lie to the Court of Appeal. Section 246(3) further provides that the decision of the Court of Appeal in respect of such appeals shall be final.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Awuse v. Odili & Ors (2003) NLC-2052003(SC) at p. 4; Paras B–D.
"The 1999 Constitution has provided in section 246(1) that appeals against decision of the election petition tribunals in respect of elections to the office of members of the National Assembly, Governor of a State and members of State Houses of Assembly, shall lie to the Court of Appeal. That section 246(3) further provides that 'The decision of the Court of Appeal in respect of appeals arising from election petitions shall be final.'"
EXPLANATION / SCOPE
The Court of Appeal is the final court for election petitions. The principle applies to constitutional law. No appeal lies to the Supreme Court. The rule is express and unambiguous. The provision ensures finality in election disputes. The principle is well-established.
