LEGAL PRINCIPLE: ELECTION LAW — Election Petition — Matters Specifically Assigned to Other Courts Excluded from Tribunal’s Jurisdiction
PRINCIPLE STATEMENT
Matters or things which constitute infractions of the Constitution and Companies and Allied Matters Act or any other Act should go before the High Court or Federal High Court, not the election tribunal. The courts are vested with jurisdiction under the Constitution and laws to hear those infractions, not the tribunal.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Obasanjo & Ors v. Yusuf & Anor (2004) NLC-1932003(SC) at pp. 9–10; Paras E–A.
"Strictly speaking, I think matters or things which constitute infractions of the Constitution and Companies and Allied Matters Act or any Act for that matter, should go before the High Court and or Federal High Court as the case may be. The courts are vested with jurisdiction under the Constitution and the laws to listen to those infractions or complaints, and not the tribunal."
EXPLANATION / SCOPE
Election tribunals lack jurisdiction over general legal infractions. The principle applies to election law. Matters under the Constitution or Companies Act belong to High Courts. The rule prevents tribunals from exceeding their jurisdiction. The tribunal’s jurisdiction is limited to election-related complaints. The principle is well-established.
