APPELLATE PRACTICE — Jurisdiction — Finality of Court of Appeal Decisions in Election Petition Appeals — Section 246(3) of the 1999 Constitution
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Umaru & Anor v. Aliyu & Ors (2011) NLC-123-259-2010(SC) at p. 4; Paras A—B:
"The provisions of section 246(3) of the 1999 constitution quoted above is quite clear that the decision of the court of Appeal in respect of the appeal is final resulting in depriving this Court of jurisdiction to hear the appeal."
Explanation / Scope
This principle establishes that under Section 246(3) of the Constitution, the Court of Appeal’s decision in election petition appeals is final, depriving the Supreme Court of jurisdiction. The principle applies in election petition appeals. It ensures finality of Court of Appeal decisions. The principle reflects the constitutional provision. It prevents further appeals. The court must decline jurisdiction. The principle provides guidance on election petition appeals.