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October 8, 2019 12:24 pm
"Now, an election petition is sui generis . It is in a class by itself. It is different from a common law civil action: Abubakar vs. Yaradua (2008) LPELR (51) 1 at 22, Buhari vs. Yusuf (2003) LPELR (812) 1 at 18-19 and PDP vs. Ezeonwuka (2017) LPELR (42563) 1 at 68-69. Section 246 (1) (b) of the 1999 Constitution provides that appeals shall lie as of right to this Court from decisions of the Tribunal. It is instructive that unlike the provisions of the Constitution on appeals in common law civil actions (see for instance Sections 241 and 242 of the Constitution ), there is no dichotomy in Section 246 (1) (b) as to the decision being final or interlocutory or the grounds of appeal being grounds of law alone or grounds of mixed law and facts. In recognition of the sui generis nature of election petitions, the Constitution, the grundnorm, has conferred the right to appeal as of right from decisions of the Tribunal without the finicks of whether the decision is final or interlocutory or whether the grounds of appeal are grounds of law alone or grounds of mixed law and facts. In the words of Garba, JCA in Odon vs. Amange (2008) LPELR (4681) 1 at 13-14:
"I should also point out that the objection taken on grounds 2, 4 and 6 as being on interlocutory decisions of the lower tribunal and therefore require leave of Court, is misconceived because Section 246 (1) (b) (i) of the 1999 Constitution of the Federal Republic of Nigeria confers a right of appeal as of right to the Appellant against the decision of the lower tribunal to this Court. The provisions are thus:
246 (1) An appeal to the Court of Appeal shall lie as of right from: -
(b) decisions of the National Assembly Election tribunals and Governorship and Legislative Houses Election Tribunals on any question as to whether;
(i) any person has been validly elected as a member of the National Assembly or of a House of Assembly of a State under this Constitution .
- PER U. A. OGAKWU, J.C.A IN LANRE OKUNLOLA & ANOR V OLATUNJI ABIOLA SHOYINKA & ANOR
CA/L/EPT/REP/856/2019
LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/L/EPT/REP/856/2019
CA/L/EPT/REP/856/2019
LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/L/EPT/REP/856/2019
