CaseLaw
Udenwa Vs. Uzodinma (2012) CLR 12(k) (SC)
Judgement delivered on December 14th 2012
Brief
Facts
This is an appeal against the decision of the Court of Appeal sitting at Owerri, Imo State given on 22nd March, 2012 dismissing the appeal of the appellants against the Ruling of the National and State Houses of Assembly Election Petitions Tribunal which was delivered on 23rd January, 2012 wherein the petition of the appellants filed on 1st May, 2011 was struck out.
Sometime on the 9th day of April, 2011, the 2nd respondent herein conducted elections into the Senate of the Federal Republic of Nigeria, in particular, for Imo West Senatorial District Constituency. The 1st appellant contested on the platform of the 2nd appellant while the 1st respondent was the candidate of the People’s Democratic Party in the said election. The 1st respondent was declared the winner of the said election by the 2nd respondent who accordingly issued him with Certificate of Return.
The appellants were dissatisfied with the declaration by the 2nd respondent hence they went before the National and State Houses of Assembly Election Tribunal sitting at Owerri, with their petition, to challenge the return of the 1st respondent as the winner of the election.
Upon being served with the petition, the 1st respondent filed a Reply wherein he raised preliminary objections, challenging the competence of the petition. Pursuant to the said preliminary objection, the 1st respondent filed an application on 5th July, 2011 praying for an order of the Tribunal striking out the petition for being fundamentally defective and that the Tribunal was lacking in competence to take the petition. The Petitioners/appellants filed a written address to oppose the application. The Tribunal in its ruling delivered on 19th August, 2011 upheld the preliminary objection of the 1st respondent and struck out the petition.
Dissatisfied with the ruling, the appellants appealed to the Court below on the 6th of September, 2011. On October 17, 2011, the court below allowed the appeal in part and ordered the other part to be heard on its merit by a new panel of the Election Tribunal.
On the 9th November, 2011, the 2nd respondent filed an application for an order of the Tribunal striking out the petition on the ground that the 180 days allotted for the hearing and determination of the petition had expired. After hearing the application, the Tribunal upheld the preliminary objection and struck out the petition in its Ruling of 23rd January, 2012.
The appellants were dissatisfied with the Order of the Tribunal, and that led to the appeal filed on 7th February, 2012. In its judgment delivered on 22nd March, 2012, the court below dismissed the appeal and affirmed the decision of the Tribunal.
Further dissatisfied, the appellant had appealed to this court by a Notice of Appeal filed on 10/04/2012.
Issues
Whether the Supreme Court has jurisdiction to hear and determine the...