CaseLaw
Onitiri V. Benson (1960) CLR 6(a) (FSC)
Judgement delivered on June 23rd 1960
Brief
Facts
Applicant brought this motion purportedly under section 3 of the Nigeria (Appeals to Privy Council) Order in Council, 1955 praying for leave to appeal to the Privy Council from the judgment of the Federal Supreme Court given on appeal from the decision of the High Court on an election petition. Counsel for respondent raised a preliminary objection that there is no right of appeal to the Privy Council in cases of this nature and it was contended for the applicant that nowhere in the Constitution Order nor in the Federal Legislature Houses Disputed Seats) Regulations 1959 is it laid down that the decision of the Federal Supreme Court on an appeal against the judgment of the High Court in an election petition is to be final Counsel for applicant referred to Regulation 69 of the 1959 Regulations and submitted that no distinction is to be drawn between an election petition and any other civil cause or matter.