APPELLATE PRACTICE — Right of Appeal — Governorship Election Petitions — Finality of Court of Appeal Decisions Under Unamended Constitution
Ratio Decidendi
Per Peter-Odili, JSC, in Ogboru & Anor v. Uduaghan & Ors (2011) NLC-123-361-2011(SC) at p. 12; Paras A—C:
"With those provisions which were the Constitutional mandates as at the time the cause of action which is the re-run of the General Elections of 2007... assuming the Tribunal and even the final Court in relation thereto, the Court of Appeal had returned as duly elected on the re-run, the person of the 1st Appellant, Chief Great Ogboru, his tenure would have expired not later than 28th May 2007, the mid-night thereof."
Explanation / Scope
This principle establishes that under the unamended Constitution, the Court of Appeal was the final court for governorship election petitions, and any tenure would have expired by the constitutional date. The principle applies in election petitions. It ensures that the constitutional timelines are respected. The principle reflects the finality of Court of Appeal decisions. It prevents tenure beyond the constitutional limit. The court must apply the constitutional provisions. The principle provides guidance on election petitions.