Background
This case centers around an appeal brought by the Labour Party against the ruling of the Kogi State Governorship Election Petition Tribunal, which upheld the declaration of Yahaya Bello as the winner of the Kogi State governorship election held on November 21, 2015. Following the Tribunal's ruling, the Labour Party sought to nullify the election and reinstate its petition by filing an appeal to the Court of Appeal.
The 3rd respondent, INEC, raised a preliminary objection, contesting the Labour Party's failure to apply for a notice of pre-hearing, leading to the Tribunal striking out INEC’s name from the petition. An interlocutory appeal was subsequently filed by the Labour Party, but this was also dismissed by the Court of Appeal due to incompetence, as it was filed well beyond the prescribed time limits.
Issues
The main issues in the case included:
- Whether the appellant had the right to appeal against the Court of Appeal’s decision striking out the appeal due to late filing.
- Whether the Supreme Court had jurisdiction to hear the appeal given that it involved a ruling from the Election Tribunal.
- The implications of filing an appeal outside the statutory time limits.
Ratio Decidendi
The court firmly held that the appeal was incompetent for various reasons:
- The grounds of appeal were filed beyond the 14-day statutory limit for interlocutory decisions as prescribed by Section 285 of the Constitution and the Court’s Practice Directions.
- The appeal could not contest the decision of the Election Tribunal as the Supreme Court's jurisdiction is limited to appeals from the Court of Appeal.
- Any issues arising from incompetently filed grounds would similarly be deemed incompetent.
Court Findings
The Supreme Court found that:
- The Labour Party’s appeal was filed 110 days after the decision it sought to challenge, violating procedural requirements.
- The tribunal’s decision to remove INEC as a respondent persisted, meaning that the Labour Party could not seek remedies that involved the party which had been struck out.
- The right to appeal is conferred by statute and must adhere strictly to procedural timelines established by law.
Conclusion
In conclusion, the Supreme Court unanimously struck out the Labour Party’s appeal as lacking competence. As a result, the previous decisions of the Election Tribunal and the Court of Appeal were upheld, reaffirming Yahaya Bello as the validly elected governor.
Significance
This case underscores the importance of adherence to procedural rules in election matters, particularly in Nigeria’s electoral legal framework. It emphasizes that courts, including the Supreme Court, must operate within the parameters set by statutes, and parties cannot confer jurisdiction upon a court where it does not exist. This ruling reinforces judicial discipline regarding election petitions and the necessity for litigants to comply with strict timelines.