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…