CONSTITUTIONAL LAW — Election Petitions — Finality of Court of Appeal Decisions on Governorship Election Petitions

"The above provisions of Section 246 of the Constitution of the Federal Republic of Nigeria particularly sub-section (3) thereof, are quite clear and plain. From the undisputed facts of this case earlier narrated in this judgment, there is no doubt whatsoever from the Writ of Summons and the statement of claim filed by the appellant as the plaintiff at the trial Federal High Court seeking reliefs among others, the declaration that the judgement of the Akwa-Ibom Governorship Election Tribunal given in favour of the 1st defendant now 1st Respondent … is a nullity … the appellant's action clearly arose from an election petition. Therefore the action as disclosed from the terms of the appellant's claim, having been heard and determined by the Election Tribunal and affirmed in a final decision of the Court of Appeal under Section 246 (3) of the 1999 Constitution, the trial Federal High Court has no jurisdiction to entertain the same action no matter how craftily dressed and presented."