LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Appellate Jurisdiction — Distinction Between Governorship and Presidential Election Petitions
PRINCIPLE STATEMENT
It is only in respect of Presidential election petitions that an appeal lies from the Court of Appeal to the Supreme Court. Governorship election petitions do not lie to the Supreme Court.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Awuse v. Odili & Ors (2003) NLC-2052003(SC) at p. 8; Paras C–D.
"It is only in respect of Presidential election petition that an appeal lies from the Court of Appeal to this court (see section 233(2)(e)(i) of the Constitution, Buhari & Ors. v. Obasanjo & Ors (supra)."
EXPLANATION / SCOPE
The Supreme Court has no jurisdiction over governorship election appeals. The principle applies to constitutional law. Only presidential election petitions are appealable to the Supreme Court. The rule reflects constitutional provisions. Governorship appeals end at the Court of Appeal. The principle is well-established.
