LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Jurisdiction — Finality of Court of Appeal Decisions — Interlocutory Decisions in Election Petitions
PRINCIPLE STATEMENT
The finality of Court of Appeal decisions in election petitions applies also to every interlocutory decision or any decision taken on a matter or issue concerning or arising from the appeal. No appeal shall lie from it to any other court even if it is patently wrong.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC (adopting Uwaifo, JSC in Onuaguluchi v. Ndu), in Awuse v. Odili & Ors (2003) NLC-2052003(SC) at p. 39; Paras C–E.
"Such finality applies also to every interlocutory decision or any decision taken in respect of a matter or on issue concerning or arising from the decision reached in the appeal. No appeal shall lie from it to any other court even if it is patently wrong."
EXPLANATION / SCOPE
Finality extends to interlocutory decisions in election petitions. The principle applies to constitutional law. Even patently wrong decisions cannot be appealed. The rule ensures finality at all stages. The provision is strict. The principle is well-established.
