ABUBAKAR V. USMAN (2017)

Background

This case centers on the appeal by Abdulrahman Abubakar and the All Progressive Congress (APC) following the prior decision by the Court of Appeal regarding the National Assembly elections in Kogi East Senatorial District. The first respondent, Senator Atai Aidoko Usman, contested the election alongside Abubakar, claiming that Abubakar was not qualified. The National Assembly Election Petition Tribunal initially upheld Usman's petition, nullifying Abubakar's election and declaring Usman the winner. Abubakar and APC appealed this decision to the Court of Appeal, which directed INEC to conduct fresh elections but also mistakenly recorded that Usman's election was nullified. Upon identifying the clerical error, the Court of Appeal amended its judgment accordingly.

Issues

The primary issue for determination in this appeal was if the appellants' challenge of the Court of Appeal's ruling—which refused to revisit its original judgment—was competent, given the provisions of Section 246(3) of the 1999 Constitution of Nigeria.

Ratio Decidendi

The court held that the finality of decisions of the Court of Appeal regarding appeals from National and State Houses of Assembly elections is enshrined in Section 246(3) of the Constitution, which stipulates that such decisions cannot be appealed further in the Supreme Court. The court reiterated the established legal principle that it lacks jurisdiction to entertain appeals from the decisions of the Court of Appeal in this context.

Court Findings

The Supreme Court found that:

1. The appeal constituted an abuse of court process as it contravened the clear provisions of Section 246(3).
2. The Court of Appeal acted correctly by refusing to revisit its judgment as it had no jurisdiction to alter its earlier decision on this matter.

Conclusion

The appeal was struck out for being incompetent. The Supreme Court affirmed that the principles established regarding the finality of the Court of Appeal's decisions in election petitions should be strictly observed.

Significance

This case serves to reinforce the principle of finality in electoral disputes as per Nigerian law, particularly emphasizing the limitations of the Supreme Court's jurisdiction over decisions made by the Court of Appeal related to electoral petitions. The ruling clarifies that procedural errors or mistakes that occur within the jurisdiction of the Court of Appeal cannot be appealed to the Supreme Court, thereby urging adherence to constitutional provisions to promote legal certainty in electoral matters.