CONSTITUTIONAL LAW — Election Petitions — Live Issue Requirement — Res Must Exist for Determination
Ratio Decidendi
Per Fabiyi, JSC, in Ogboru & Anor v. Uduaghan & Ors (2011) NLC-123-361-2011(SC) at p. 24; Paras A—C:
"There is no utility value that will enure to the benefit of the appellant as the 1st respondent is not now occupying his seat on the re-run election. The Court, no doubt lacks jurisdiction; looked at from all angles. The appellants' appeal equates with what I may refer to as abuse of Court process."
Explanation / Scope
This principle establishes that an election petition requires a live issue, and where the respondent no longer occupies the seat, the court lacks jurisdiction and the appeal is an abuse of process. The principle applies in election petitions. It ensures that only live disputes are entertained. The principle reflects the requirement for a res. It prevents academic exercises. The court must dismiss spent appeals. The principle provides guidance on election petitions.