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  • 2005-09-19
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Kwara State I.E.C. vs. P.D.P.

KWARA STATE INDEPENDENT ELECTORAL COMMISSION

CHAIRMAN, KWARA STATE INDEPENDENT ELECTORAL COMMISSION

THE ELECTORAL OFFICER, OFFA LOCAL GOVT. AREA

THE RETURNING OFFICER, OFFA LOCAL GOVT. AREA

V

PEOPLES DEMOCRATIC PARTY

COURT OF APPEAL

( ILORIN DIVISION )

ABOYI J. IKONGBEH JCA ( Presided and Read the Lead Ruling )

WALTER SAMUEL NKANU ONNOGHEN JCA

JA’AFARU MIKA’ILU JCA

CA/IL/M.14/04

THURSDAY, 15TH JULY, 2004

APPEAL - Appeals from a Local Government Election Tribunal established by a State Law - Court of Appeal hearing Impropriety of

APPEAL - Court of Appeal - Appellate jurisdiction of - When exercisable

CONSTITUTIONAL LAW - Federalism - Basic ideas of

CONSTITUTIONAL LAW - Interpretation of -  Consideration of court

COURT - Court of Appeal - A federal establishment

COURT - Court of Appeal - Hearing appeal from a Local Government

Election Tribunal - Impropriety of

COURT - Court of Appeal - When can exercise appellate jurisdiction

DOCUMENT - Words contained therein - Where plain and unambiguous -  How construed

ELECTORAL MATTERS - Local Government Election Tribunal established by a State - Whether comes under ‘tribunal’ as provided by the Constitution of the Federal Republic of Nigeria 1999 , section 246(1) and the Electoral Act 2004, Part VII, sections 131 , 138 and 139 thereof

JURISDICTION - Conferment of on courts by ingenious arguments Impossibility of

JURISDICTION - Court of Appeal - Appellate jurisdiction of - When exercisable

JURISDICTION - Expounding of by court and not expansion thereof

STATUTE - Constitution 1999, section 246(1) thereof - Whether Local Government Election Tribunal established by State Law comes under

STATUTE - Constitution, 1990, sections 240 and 246(2) thereof ‘Prescribed’ and ‘established’ used therein - Meanings of

STATUTE - Electoral Act 2004, Part VII, sections 131, 138 and 139 Whether Tribunal referred to therein contemplates a Local Government Election Tribunal established by a State Law

WORDS AND PHRASES - ‘Prescribed’ and ‘established’ - Meanings of under the Constitution of the Federal Republic of Nigeria,

1999, sections 240  and  246(2)

Issues:

1.              Whether Tribunal referred to in Part VII, sections 131, 138 and 139 of the Electoral Act, 2004 and sections 240 and 246(2) of the 1999 Constitution refers to a Local Government Electoral Tribunal created by a State Local Government Election Law.

2.              Whether Local Government Election Tribunals come within the jurisdiction of the Court of Appeal.

Facts:

The appellants appealed against the ruling of the Kwara State Local

Government Election Tribunal. The appellant filed a motion in the Court of Appeal, seeking leave of court that the bundle of documents compiled by him be used as the record of appeal. The respondent filed a notice of preliminary objection challenging the jurisdiction of the Court of Appeal to hear the matter based on the fact that the Tribunal was established pursuant to the Local Government Electoral Law No. 2 of 2004, a State enactment and not a Federal enactment. The Court of Appeal pointed out that the objection was still premature as the court would need the notice of appeal and documents filed along with it as materials on which to hear respondent’s objection. The respondent withdrew the notice of objection to the motion and the motion was granted.

The court nevertheless on its own, decided to look into the matter of its jurisdiction to entertain the appeal. It invited counsel to address it on the issue and gave ruling on the 7th July, 2004 against the appellants.