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SHAABAN & ANOR
V.
SAMBO & ORS

(2010) JELR 43598 (SC)

Supreme Court 4 Nov 2010 Nigeria
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Case Details

Suit Number:SC.89/2010_SC.90/2010
Judges:DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHEL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Counsel:1. M.I. Ahamba SAN2. Emeka Mozie3. A.T.U Ibinolo (Mrs)4. A.O. Onyedun (Mrs)5. James Ugbolo6. Ngozi Owunwa7. J. Abbas-Ibrahim For Appellant 1. I.S. Utuk (2nd & 3rd Respondent)2. M. Gomwalk1. E. Toro SAN2. Y.U. Usman SAN3. B.L. Aliyu Esq4. S. Atung Esq5. Y.Abdullahi Esq6. C. Umar Esq7. S.D. Mallan (Miss)8. M.I Tola For Respondent
Other Citations:Sha'Aban v. Sambo (2010) 19 NWLR (Pt. 1226) 353 S.C.

DAHIRU MUSDAPHER, J.S.C. (Delivering the Leading Judgment).: The 1st respondent has filed preliminary objection to the hearing of the appeals herein on a number of grounds the principle of which is that this court has no jurisdiction to entertain the appeals under the provisions of section 246 (3) of the Constitution. The 1st respondent expatiated the objection in the respondent's brief in which he argued that this court has the competence to hear the appellants' appeals as filed in this court. Both senior learned counsel for the parties extensively addressed the court on their respective stands on the issues.

Now section 246(3) of the Constitution provides-

"The decision of the Court of Appeal in respect of appeals arising from election petitions shall be final."

The learned counsel for the appellant in his Reply brief concedes that an appeal in a gubernatorial election petition terminates at the Court of Appeal, but submits that this is not an appeal on an election petition, but an…

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