CONSTITUTIONAL LAW — Appellate Jurisdiction — Supreme Court — Section 233 of the 1999 Constitution — Exclusion of Election Petition Appeals
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Umaru & Anor v. Aliyu & Ors (2011) NLC-123-259-2010(SC) at p. 4; Paras A—B:
"Although by virtue of the provisions of Section 233 of the 1999 Constitution this Court has exclusive jurisdiction to entertain all appeals from the decisions of the Court of Appeal, that jurisdiction does not include decisions of that Court arising from election petitions which came to that Court on appeal from decisions of election Tribunals."
Explanation / Scope
This principle establishes that the Supreme Court’s jurisdiction under Section 233 excludes decisions of the Court of Appeal arising from election petitions from election tribunals. The principle applies in election petition appeals. It ensures that such appeals end at the Court of Appeal. The principle reflects the constitutional exclusion. It prevents Supreme Court interference. The court must decline jurisdiction. The principle provides guidance on appellate jurisdiction.