BEVERLY HILLS, February 10, (THEWILL) – The Supreme Court has dismissed an appeal by Senator Uche Ekunife challenging the nullification of her election to represent Anambra Central Senatorial District in the Senate.
THEWILL recalls that the Anambra State Election Petition Tribunal and the Court of Appeal in Awka had nullified Ekunife’s election which she purportedly won in the 2015 general elections under the platform of the Peoples Democratic Party (PDP).
Before the repeat of the election as ordered by the court, Ekwunife on Jan. 8, 2016, defected to the All Progressives Congress (APC) but her attempt to pick the ticket in her new political party to contest the re-run poll failed.
Delivering judgment on Ekunife’s appeal, Justice Amina Augie held that the Supreme Court had no jurisdiction to entertain disputes emanating from the conduct of National Assembly elections ruling that Section 246(3) of the 1999 Constitution empowered the Court of Appeal to be the terminal point of all disputes emanating from State and Federal legislative elections.
“The apex court lacks jurisdiction to hear and determine Ekunife’s appeal in the circumstance,” she said.
“Looking closely at the wordings of Section 246 (3), it is clear that the decision of the Court of Appeal is final. This court is completely bereft of jurisdiction to entertain the appeal.
“Once the court of appeal delivers its judgment on a National Assembly Election Petition appeal, the judgment becomes final.
“For the umpteenth time, the Constitution does not approve of the apex court to entertain this appeal no matter how cleverly it has been framed.
“Umeh’s preliminary objections to Ekunife’s appeal succeeded as this court lacks jurisdiction to hear this appeal on its merits. The appeal is struck out.”
