CONSTITUTIONAL LAW ā Appellate Jurisdiction ā Election Appeals ā No Distinction Between Interlocutory and Final Decisions
Principle Statement
In making provision in respect of decisions of the Court of appeal in Election petition matters, Section 246(2) of the 1999 Constitution makes no distinction between interlocutory and or final decision of the court. In my view the language of Section 246(3) of the 1999 Constitution is so clear and unambiguous that it institutionalized the Court of appeal as the final Court of Appeal in respect of appeals arising from decisions to the office of member of the National assembly or of a State Assembly of a State and Governor or Deputy Governor of a State.
Ratio Decidendi (Source)
Per Iguh, JSC, in Awuse v. Odili (2003) 18 NWLR (pt. 851) 116 at 104, cited with approval by Muntaka-Coomassie, JSC, in Ugwa & Anor v. Lekwauwa & Anor (2010) NLC-123-143-2010(SC) at pp. 14ā15; Paras DāA.
"In making provision in respect of decisions of the Court of appeal in Election petition matters, Section 246(2) of the 1999 Constitution makes no distinction between interlocutory and or final decision of the court. In my view the language of Section 246(3) of the 1999 Constitution is so clear and unambiguous that it institutionalized the Court of appeal as the final Court of Appeal in respect of appeals arising from decisions to the office of member of the National assembly or of a State Assembly of a State and Governor or Deputy Governor of a State."
Explanation / Scope
This principle establishes that Section 246(3) of the Constitution makes no distinction between interlocutory and final decisions in election petition appeals. The Court of Appeal is the final court for such appeals. The principle applies to election petitions for National Assembly, Governorship, and State Assembly elections. It ensures finality in election disputes. The principle reflects the constitutional provision. It prevents further appeals. The court must treat all decisions as final. The principle provides guidance on the finality of election appeal decisions.
