Mr. Peter Obi V. Independent National Electoral Commission & Ors (2009)

LAWGLOBAL HUB Lead Judgment Report

L. KUTIGI, C.J.N.

This is an application by the applicants praying the Court (1) to set aside its ruling delivered on 29/1/08 in which this Court struck out the motion for want of jurisdiction; and (2) an order to set aside its judgment delivered on 14/6/07.

I have carefully examined the briefs of argument, notice of preliminary objection and oral arguments and submissions of learned counsel on all sides. I have come to undoubted conclusion that the motion is a thorough abuse of judicial process in that the validity of the Notice of Appeal filed in the Court of Appeal on 18/4/07 had been firmly decided by this Court on merit. It is trite law that there should be an end to litigation and this Court cannot re-open this case which has now come before us three (3) or even 4 times. Further in order to foreclose a further gross abuse of the processes of this Court this application will be dismissed and it is hereby dismissed. This Court regards this matter as closed.

SC.123/2007(2)