September 25, 2023

[Download] Court of Appeal Judgment in Hon. Monday Iyore Osagie & 4 Ors. and Victor Enoghama & 3 Ors.

Issue for determination as formulated by the Appellants:

Whether or not the learned trial Judge was right to have assumed jurisdiction over this matter.

Issue for determination as put forth by the respondents:

Whether the suit at the lower court is competent and the learned trial Judge was right to have assumed jurisdiction over
the subject matter.

“The jurisdiction of the court to intervene in the process of nomination of
a candidate by a political is very narrow and only within the provision of
SECTION 84 (14) of the Electoral Act. It is an established fundamental
principle that while a Judge can expound his jurisdiction, he cannot expand
same beyond the limit imposed by law. It is our view that the reliefs sought
by the 1st – 4th respondents are outside the window of section 84 (14).
Therefore the State High Court has no jurisdiction to adjudicate on the 1st – 4th
respondents’ claim.

Based on the foregoing, this appeal succeeds. It is hereby allowed. The
judgment of the High Court of Edo State in Suit No. B/408/2022 delivered
on 8/5/22 is hereby set aside, The Suit No. 8/408/22 instituted at the lower
court is hereby struck out for lack of jurisdiction. Parties shall bear their own costs of this appeal.” The Court held

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