Election Tribunal

It is pertinent to state and emphasize that the jurisdiction of this Court is limited and circumscribed by the 1999 Constitution (as amended). Hence, the instant appeal as rightly submitted by the objectors, is unconstitutional and amounts to a gross abuse of Court process. It is not open to the Court to act without jurisdiction and in futility. Without mincing words, it should be emphasized in strong terms that neither the Court below nor this Court has jurisdiction to sit on appeal over the final decision of the Court of Appeal in respect of appeals arising from the National and State Houses of Assembly Election Petitions, as sought by the appellants' counsel in the instant appeal. Plethora of decisions of this Court are trite and have shown times without number that Section 246(3) of the Constitution 1999 confers finality of the lower Court in cases of this nature. The section reproduced hereunder:- "246.... (3) The decisions of the Court of Appeal in respect of appeals arising from the National and State Houses of Assembly Election Petitions shall be final." The preliminary objection in this matter is therefore very well taken. It is unfortunate I must say that despite the clear and unambiguous provision of the law, counsel have failed consistently to be guided therewith and rather seek their way around the provision. This to my mind is not only deliberate but also a surreptitious move to break in through a back wall into a building which does not entitle any entrance whatsoever. The Court of Appeal is specially designated as the lost port of call in cases of this nature. There can be no act of wisdom or ingenuity that can change this position without amending the Constitution. Counsel are to blame for the consistent refusal to adhere to what is well within their knowledge and should desist from ill-advising their clients by giving then a false hope.

ABUBAKAR & ANOR V. USMAN & ORS: