(1983) JELR 46434 (SC)    

Supreme Court  ·  SC.118/1983 ·  25 Nov 1983 ·  Nigeria
Other Citations
(1983) All N.L.R 568 (1983) 11 S.C 231
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
electoral act
federal constituency
competent high court
high court of the state
senatorial district
1st respondent
state constituency
afikpo federal constituency
high court law
high court of imo state
house of representatives
chief judge
federal court of appeal
legal notice
chief ahamba
chief williams
returning officer
issue of jurisdiction
chief judge of imo state
fair hearing
3rd respondent
criminal proceedings
provisions of the constitution
state constituency of that member
constitution of the federal republic of nigeria
contravention of section
exercise of its jurisdiction
proper court
state house of assembly
umuahia judicial division
chief f.r.a. williams
chief f.r.a. williams s.a.n.
civil proceedings
facts of the case
fair hearing of a case
following question
high court registry of imo state
high court rules of imo state
issue of the jurisdiction of the state high court
learned counsel
learned judges
learned justice of the court of appeal
matters of election petition
order of the court
part of the judgment
said election
such manner
view of the definition of the competent high court

ESO, J.S.C.: The point, which has been taken in this appeal, is of considerable constitutional importance. It raises the issue of the jurisdiction of the State High Court in dealing with matters of election petition having regard to the provisions of the Constitution and the Electoral Act 1982. The facts of the case in so far as they are relevant to the point in issue are as follows:

Three persons, Shedrack Orji Ukpai, a member of the Nigerian Peoples Party (N.P.P.), Udo Oji Okoro of the National Party of Nigeria (N.P.N.), and T. C. Okogere of the Unity Party of Nigeria (U.P.N.), were candidates for the election for the Afikpo Federal constituency to the House of Representatives. The election was held on 27th August, 1983 when the returning officer, one Ewa Edu, declared Udo Oji Okoro of the N.P.N. as being the duly elected member for the constituency.

Shedrack Orji Ukpai was dissatisfied with this return made by the returning officer and he filed a petition in the High Court registry…

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