CaseLaw
Ukpai V. Okoro (1983) CLR 11(a) (SC): 1 NSCC 599 (SC)
Judgement delivered on November 25th 1983
Brief
Facts
The appellant an unsuccessful candidate sponsored by NPP was petitioner in the High Court and questioned the election and return of the NPN candidate, the 1st respondent to fill a vacant seat in the House of Representatives conducted by the 2nd respondent. The 1st respondent filed a reply but the 2nd and 3rd respond-ents did not reply. The petition was filed in the registry of the Umuahia judicial division of the High Court of Imo State and not Afikpo Judicial division, an area in which the Afikpo Federal constituency is located. The 2nd and 3rd respondents objected to this. The High Court delivered Judgment in favour of the petitioner in default of filing of replies by 2nd and 3rd respondents. The High Court also said the Judicial divisions did not in any way affect the Imo High Court.
The respondent appealed to the Court of Appeal and the appeal was allowed on the ground that Justice was denied and the High Court of Umuahia had no Jurisdiction and was the wrong forum. The petitioner has now appealed to the Supreme Court.
Issues
Whether the High Court of a State has Jurisdiction or power to try an...