JURIDICTION – Whether a statute barred action can confide jurisdiction on the trial court and the appellate courts.


As ably demonstrated in the Lead Judgment, the Appellant’s counter claim, in which the right of action accrued to her; the withdrawal of the candidate who won and was the declared the winner of the primary election of the 28″ of May, 2022, was undoubtedly filed outside the limited period of 14 days stipulated in Section 285 (9) of the Constitution and so statute barred, thereby depriving the trial court of the necessary vires or jurisdiction to adjudicate over it. The want of jurisdiction, the court below is right in law, contiguously infected the jurisdiction in that court and this Court to adjudicate over the appeal arising out of it. See Fawehinmi v. A. G. Lagos State (No 1) (1989) 3 NWLR (pt. 12) 707, Akinbola v. Plisson Fisko Nig. Ltd. (1991) 1 SNCJ, 129, (1991) 1 NWLR (pt. 167) 270 at 285, Ehuwa v. Ondo State 1.E.C. (2006) 11 -12 SC, 102.” Per MOHAMMED LAWAL GARBA, JSC in EZE V. UMAHI & 3ORS (2022-LCER-46647-SC) @P.34, C- F.

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