Principle Statement

Under section 246(1)(b)(ii) of the Constitution above an appeal would ordinarily lie to the Court of Appeal from that decision striking out the applicant's petition. Also under section 246(3) above, the decision of the Court of Appeal in respect of an appeal arising from an election petition as in this case, is final. I have not the slightest doubt that the constitution has in clear and unambiguous language made the Court of Appeal a final court in respect of appeals arising from election petitions as in matter before us now.

Ratio Decidendi (Source)

Per Kutigi, JSC (as he then was), as adopted by Mukhtar, JSC, in Awuse v. Odili (2003) 18 NWLR (pt. 851) 116 at 151, cited with approval in Ugwa & Anor v. Lekwauwa & Anor (2010) NLC-123-143-2010(SC) at pp. 4ā€“5; Paras Cā€“A.

"Under section 246(1)(b)(ii) of the Constitution above an appeal would ordinarily lie to the Court of Appeal from that decision striking out the applicant's petition. Also under section 246(3) above, the decision of the Court of Appeal in respect of an appeal arising from an election petition as in this case, is final. I have not the slightest doubt that the constitution has in clear and unambiguous language made the Court of Appeal a final court in respect of appeals arising from election petitions as in matter before us now."
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Explanation / Scope

This principle establishes that the Court of Appeal’s decision in State House of Assembly election petitions is final under Section 246(3) of the Constitution. No further appeal lies to the Supreme Court. The principle applies to election petitions from State House of Assembly elections. It ensures finality in such election disputes. The principle reflects the constitutional provision. It prevents further appeals. The court must respect the finality. The principle provides guidance on the appellate jurisdiction for election petitions.

Cases Applying This Principle

Sunday Ugwa & Anor v. Oji Lekwauwa & Anor