LEGAL PRINCIPLE: APPELLATE PRACTICE — Right of Appeal — Finality of Court of Appeal Decisions in Election Matters — Ouster of Supreme Court Jurisdiction
PRINCIPLE STATEMENT
The decision of the Court of Appeal in appeals arising from National Assembly election petitions is final; the Supreme Court cannot intervene even for procedural errors or jurisdictional vices, unless the appeal was not actually an election matter.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Onuaguluchi v. Ndu & Anor (2001) NLC-1082000(SC) at pp. 11–12; Paras A–B.
"The decision of the Court of Appeal, on an appeal brought under subsection (1) of this section shall be final... It ought to be carefully observed that the finality given to the decisions of the Court of Appeal under the said Decree is in respect only of appeals arising in respect of National Assembly election petitions. It is that provision that confers the Court of Appeal with substantive jurisdiction to hear such appeals. I conceive that if a matter got to the Court of Appeal purporting to be an election appeal but in substance it is not at all in respect of the National Assembly election or other relevant election, reliance cannot be placed on s.81(3) above or on other Constitutional provision to give a decision in such an appeal finality. This Court would be entitled to intervene to declare the proceeding a nullity on the ground that it was not an appeal over which the Court of Appeal was given substantive jurisdiction. But where the appeal is actually in respect of National Assembly election or other relevant election, whatever errors of a procedural nature, or of a procedural vice as to jurisdiction or competency, cannot be corrected by this Court."
EXPLANATION / SCOPE
The Constitution and Decree make Court of Appeal decisions in National Assembly election petitions final. The Supreme Court has no jurisdiction to entertain appeals, even for procedural errors or jurisdictional vices. The ouster of jurisdiction is absolute for genuine election appeals. However, if the matter is not actually an election appeal, the Supreme Court may intervene to declare the proceedings a nullity. The court examines the substance, not the form. If the appeal is genuinely about an election, the Supreme Court cannot correct any errors. The principle respects the constitutional scheme for rapid resolution of election disputes. The finality provision is strict.
