All Nigerian Peoples Party V. The Returning Officer Abia State & Ors (2007)

LAWGLOBAL HUB Lead Judgment Report

TOBI, J.S.C

In the nature of the reliefs sought, and on the arguments of counsel in their briefs, I have no difficulty in coming to the conclusion that this is an election matter clearly outside the jurisdiction of High Courts. In my humble view, the Federal High Court lacks the jurisdiction to entertain the appellant’s suit and the Court of Appeal was Correct in so holding. A relief on certiori smuggled into this matter cannot change the character of the matter as an election matter clearly belongs to the appropriate Election Tribunal. Section 285 of the Constitution is clear on this. In the light of the above, I do not see any need for this court to ask counsel for the respondents to reply. The appeal lacks merit and it is dismissed. I award N 10,000.00 costs to each set of respondents.

SC.78/2005