Principle Statement

Courts in Nigeria derive their jurisdiction from the constitution and some specific Laws. The Supreme Court is the final court in all matters but when determining election matters its decisions are final when the issue is whether a person has been validly elected to the office of President or Vice-President. The decision of the Court of Appeal is final in respect of appeals from election petitions on ā€” (a) Who was validly elected Governor or Deputy Governor. (b) Who was elected member of the National Assembly. (c) Who was elected member of the House of Assembly of a State.

Ratio Decidendi (Source)

Per Rhodes-Vivour, JSC, in Ugwa & Anor v. Lekwauwa & Anor (2010) NLC-123-143-2010(SC) at pp. 19ā€“20; Paras Dā€“A.

"Courts in Nigeria derive their jurisdiction from the constitution and some specific Laws. The Supreme Court is the final court in all matters but when determining election matters its decisions are final when the issue is whether a person has been validly elected to the office of President or Vice-President. The decision of the Court of Appeal is final in respect of appeals from election petitions on ā€” (a) Who was validly elected Governor or Deputy Governor. (b) Who was elected member of the National Assembly. (c) Who was elected member of the House of Assembly of a State."
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Explanation / Scope

This principle establishes that the Supreme Court’s finality in election matters is limited to Presidential and Vice-Presidential elections. For Governorship, National Assembly, and State Assembly elections, the Court of Appeal is final. The principle applies to election appeals. It ensures the correct appellate hierarchy. The principle reflects the constitutional provisions. It prevents appeals beyond the designated final court. The court must respect the jurisdictional limits. The principle provides guidance on which court is final for different elections.

Cases Applying This Principle

Sunday Ugwa & Anor v. Oji Lekwauwa & Anor