OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the ruling of the Court of Appeal, Benin Division (hereinafter called ("the court below") delivered on 8th July, 2005 declining jurisdiction to entertain the appeal filed by the appellant against the judgment of the High Court of Ondo State on the ground that, that court was the final court.
The facts of the case briefly stated, are, that the appellant was the petitioner at the Local Government Election Petition Tribunal, Ondo State where she challenged the nomination, sponsorship and eventual election of the 2nd respondent as the Chairman of the Ilaje Local Government of Ondo State. After the trial, the Tribunal declined to determine the petition on the merits on the ground that it was/is an internal affair of the party and therefore, dismissed the petition. The appellant appealed to the High Court of Ondo State, which court, after hearing the appeal, dismissed the appeal and upheld/affirmed the decision of …