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N.E.C. & ANOR
V.
NZERIBE

(1991) JELR 43042 (CA)

Court of Appeal 8 Apr 1991 Nigeria
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- This case involves an appeal against the exercise of jurisdiction and the extent to which ouster clauses in Decrees can oust the supervisory jurisdiction of superior courts. - The appellant, Chief Nzeribe, was disqualified from participat

Case Details

Suit Number:CA/L/293/90
Judges:ADENEKAN ADEMOLA Justice of The Court of Appeal of Nigeria BOLARINWA OYEGOKE BABALAKIN Justice of The Court of Appeal of Nigeria FRANCIS OLISA AWOGU Justice of The Court of Appeal of Nigeria
Counsel:A. Salman, SAN;F.A Sulaiman)Prince Bola Ajibola, SAN; Attorney-General of the Federation and Minister of Justice;S.N.C Harris - Eze, Director of Civil Litigation, Federal Ministry of Justice;Mrs. E. Ekpo, Principal State Counsel, Federal Ministry of Justice;N.N. Daddy) For Appellant Chief F.RA Williams, SAN;Mrs A. Williams) For Respondent
Other Citations:N.E.C. v. Nzeribe (1991) 5 NWLR (Pt. 192)

AWOGU, J.C.A: (Delivering the Leading Judgment): This appeal is against the exercise of jurisdiction, and calls into question, once again, the extent to which ouster clauses in Decrees also oust the supervisory jurisdiction of our superior courts of record.

The facts of the case are not seriously in dispute. In 1988, Chief Nzeribe went to the 1st defendant for clearance under Section 4 of Decree No.25 of 1987. The 1st defendant/appellant (hereinafter referred to as the Commission) disqualified him from participation in politics. He appealed to the Transition to Civil Rule Tribunal (hereinafter referred to as the Tribunal) which decided on 19th May, 1989, as follows:

"In view of the foregoing, we make an order setting aside the decision of the National Electoral Commission that the appellant, Chief Francis Arthur Nieribe was a person disqualified from seeking election to public office by virtue of the 'Participation in Politics (Prohibition) Decree No. 25 of 1987. However, we want to …

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