Hon. Ezeobi Okpala V. Prince Anthony Chizoba Ezeani & Ors (1999)

LawGlobal-Hub Lead Judgment Report

UBAEZONU, J.C.A.

This is an appeal against the decision of the Federal High Court, Enugu that it had jurisdiction to make an order of certiorari against the decision of an Election Tribunal set up under Decree No. 6 of 1996. The facts of the case are simple. At the March, 1996 Local Government election, the appellant lost to the 1st respondent. The appellant scored 53 votes while the 1st respondent scored 117 votes. The appellant filed a petition before the Election Tribunal. His petition was dismissed. The election of the 1st respondent was accordingly confirmed. The appellant appealed to the Local Government Election Appeal Tribunal which by a majority of 2 – 1 allowed the appeal and set aside the decision of Election Tribunal.

The 1st respondent at the tribunal thereupon went to the Federal High Court and claimed as follows:

“a. An order granting the applicant leave to apply for an order of certiorari to quash the proceedings and judgment of the two out or three members of the Local Government Council Election Appeal Tribunal which sat at Onitsha from 17th day of June, 1996 to 21st day of June, 1996, when the said tribunal was clearly out of time.

b. An order that the grant of leave operate as stay of the proceedings and execution of the judgments of the 1st and 2nd respondents delivered on 21st day of June, 1996.”

The above application was, of course, made ex-parte. It was granted by Kasim J. of the Federal High Court. The appellant thereupon filed an application in the court which prayed inter-alia as follows:

“For an order pursuant to Decree No.6 of 1996; Decree 107 of 1994, Federal High Court Act dismissing or striking out this action in limini (sic) on grounds of law namely:

a. That this court has no jurisdiction to entertain the application nor grant the prayers contained therein,”

The application was dismissed. The court held that it had supervisory jurisdiction which could be exercised over all matters within its territorial jurisdiction. Dissatisfied with this decision the appellant has appealed to this court. He has formulated one issue for determination vis:-

“Whether the Federal High Court has the jurisdiction to entertain an application for certiorari brought to quash the decision of the Local Government Council Election Appeal Tribunal set up under Decree No.6 of 1996.”

Arguing his lone issue the appellant contends that the Federal High Court has no jurisdiction to entertain an application for certiorari brought to quash the decision of the Local Government Council Election Appeal Tribunal established under Decree No.6 of 1996. Learned Counsel argues the lone issue under three heads vis:-

“a. Extent of the jurisdiction of the Federal High Court in an election matter, vis-a-viz Decree No.107 of 1993 and Decree No.6 of 1996;

b. Extent of the supervisory jurisdiction of the Federal High Court, in an election matter;

c. Whether there is any room left in Decree No.6 of 1996 for exercise by a court of supervisory jurisdiction.”