CONSTITUTIONAL LAW — Appellate Jurisdiction — Election Appeals — Finality Extends to All Decisions Including Interlocutory Orders
Principle Statement
The decision of the Court of Appeal in respect of appeals arising from election petition shall be final. Section 246(1)(b) specifies the election concern to be National Assembly, Governorship and State House of Assembly elections. It must be emphasized that such finality applies also to every interlocutory decision or any decision taken in respect of a matter or an issue concerning or arising from the decision reached in the appeal. No appeal shall lie from it to any other court even if it is patently wrong.
Ratio Decidendi (Source)
Per Supreme Court, in Onuaguluchi v. Ndu (2001) 7 NWLR (pt. 712) 309 at 321, cited with approval by Muntaka-Coomassie, JSC, in Ugwa & Anor v. Lekwauwa & Anor (2010) NLC-123-143-2010(SC) at p. 15; Paras B–D.
"The decision of the Court of Appeal in respect of appeals arising from election petition shall be final. Section 246(1)(b) specifies the election concern to be National Assembly, Governorship and State House of Assembly elections. It must be emphasized that such finality applies also to every interlocutory decision or any decision taken in respect of a matter or an issue concerning or arising from the decision reached in the appeal. No appeal shall lie from it to any other court even if it is patently wrong."
Explanation / Scope
This principle establishes that the finality of Court of Appeal decisions in election petitions extends to interlocutory orders and all decisions arising from the appeal. No appeal lies even if the decision is patently wrong. The principle applies to election petition appeals. It ensures complete finality. The principle reflects the constitutional provision. It prevents challenges to any decision in the appeal. The court must respect the finality. The principle provides guidance on the scope of finality.
