When I read the judgment of the Tribunal in this case, especially the most unfortunate decision to set aside the order that produced BVAS and the demonstration of BVAS by PW1, an INEC staff duly authorised to do so, I weep for the rate of injustice being encouraged in our electoral jurisprudence. The law has been settled that the Tribunal was without jurisdiction to review or reverse the decision it gave on 14th February 2024.
There are legion of authorities on this point. As his lordship Nweze JSC as he then was put it: For the certainty and predictability of the judicial process, a Court of law has no jurisdiction to reopen an issue upon which it has made a determination within the same proceedings or to alter the effect of its decision in a matter, Stiriling Civil Engineering Ltd. v Yahaya [2005] 4 SC, 124; Tomtec (Nig.) Ltd. v Federal Housing Authority [2009] 18 NWLR (pt. 1173) 358; Alhaji Chief A. R. O Sanusi v. Alhaji Ayoola [1992] 9 NWLR (pt. 265) 275. From these authorities, the law is firmly established that no Court of law, especially, the Courts established by the Constitution of Nigeria, has the requisite judicial power and authority to sit on appeal, for the purpose of reviewing, altering, varying or reversing its earlier final decision on an issue in or of a case, which was reached and delivered in exercise of its competent jurisdiction in the case. Once a Court of competent jurisdiction reaches, renders or pronounces a final decision on an issue in or on a case, it is thereby divested of the judicial authority and power to revisit, re-open and review the said decision in the absence of express statutory provision, for the purpose of changing, altering or reversing it in the same case, save for special circumstances as may be required by law.”
The learned trial judges of the Tribunal did not have the jurisdiction to reverse themselves. They made the orders of 14th February 2024 within the power donated to them by paragraph 41(5)and (6) of the 1st Schedule to the Electoral Act 2022. The 2nd and 3rd Respondents’ appeals against that decision were dismissed after appeals were withdrawn. There is nothing aboki no dey see for electoral gate in Nigerian electoral jurisprudence.
Another Bombshell on the Birnin Kudi and his Team.
