Author(s): Godwin Emeka Ngwu and Ogiri Titilayo Onyemaechi

Abstract: Every election is Nigeria has been characterized with one form of litigation or another; it is either pre-election litigation, post-election litigation or both. The case under review is no exception as it began as a pre-election litigation from a party primary election and continued even after the general election. The main bone of contention was whether the 1st respondent was qualified to contest the party primary election in accordance with the prescribed guidelines. The court was faced with the herculean task of analysing the 2nd respondent’s election guidelines in determining whether or not the 1st respondent was rightly elected as the candidate of the 2nd respondent. Of the three issues resolved by the Supreme Court, the 1st issue – whether the Court of Appeal had the jurisdiction to entertain a fresh issue of appeal that did not arise from the issues formulated at the lower court – is the subject of this review. The Court of Appeal Act 2010 (as amended) and Court of Appeal Rules 2016 formed the basis of the Supreme Court’s resolution of this issue.

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