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ANPP
V.
THE RETURNING OFFICER ABIA STATE & ORS

(2007) JELR 48112 (SC)

Supreme Court 22 Feb 2007 Nigeria
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- The appellant sought reliefs challenging the result of the 2003 Senatorial Election, including remedies by way of certiorari and mandamus, at the Federal High Court, Abuja. - The Federal High Court declined jurisdiction, holding the matte

Case Details

Suit Number:SC.78/2005
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:Chief M.l. Ahamba, SAN (with him,VI. Ikeonu) For Appellant R.O. Yusuf - Chief A. Idigbe, SAN (with him, K.c. Nwufo, RalphUwechue, Esq., Tochi Nwosu, Bunmi Ope-Agbe, (Miss). N.J. Kamuche (Miss)) For Respondent
Other Citations:ANPP v. Returning Officer, Abia State (2007) 11 NWLR (Pt.1045) 431 S.C.

N. TOBI, J.S.C (Delivering the Leading Judgment): In the nature of the reliefs sought, and on the arguments of counsel in their briefs, I have no difficulty in coming to the conclusion that this is an election matter clearly outside the jurisdiction of High Courts. In my humble view, the Federal High Court lacks the jurisdiction to entertain the appellant's suit and the Court of Appeal was Correct in so holding. A relief on certiori smuggled into this matter cannot change the character of the matter as an election matter clearly belongs to the appropriate Election Tribunal. Section 285 of the Constitution is clear on this. In the light of the above, I do not see any need for this court to ask counsel for the respondents to reply. The appeal lacks merit and it is dismissed. I award N 10,000.00 costs to each set of respondents.

S. U. ONU, J.S.C: We do not intend to call on the other side to reply. Having been privileged to read the judgment of my learned brother Niki Tobi, JSC, I agree…

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