CONSTITUTIONAL LAW — Election Tribunals — Scope of Section 285(1)(b) — Term of Office ‘Ceased’
Principle Statement
The jurisdiction of the National Assembly Election Tribunal under Section 285(1)(b) of the Constitution is limited to disputes arising from whether the term of office of a Governor has ceased. It does not extend to disputes concerning the interpretation of tenure provisions for the purpose of seeking an extension of office.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Ladoja v. INEC & Ors (2007) NLC-123-120-2007(SC) at pp. 24–26; Paras D–A.
"The court below erroneously took the view that the plaintiff's suit was about whether or not his term in office as Governor had ceased. ... what the plaintiff's suit was about was for Section 180(2) of the Constitution could be interpreted in order to grant him an extension of tenure... It was not about whether or not his term in office had ceased. ... It is the dispute arising from [Section 189] resolution that is committed to the jurisdiction of the National Assembly Election Tribunal under Section 285(1)(b) of the Constitution."
Explanation / Scope
The principle delineates the jurisdictional boundary of election tribunals under Section 285(1)(b). The tribunal’s jurisdiction is triggered only where there is a dispute as to whether a Governor’s term has actually ceased, typically arising from a resolution by the House of Assembly under Section 189. It does not cover a Governor’s claim for an interpretation of constitutional tenure provisions (Section 180) to obtain an extension of time in office. Such a claim is not a dispute about cessation but about entitlement to a longer term, which falls outside the tribunal’s remit. The court must examine the substance of the claim, not its form, to determine jurisdiction. The principle prevents tribunals from expanding their jurisdiction beyond constitutional limits.
