The Supreme Court held that since the issue of the constitutionality of Governor Mai Mala Buni acting as national chairman of the 2nd respondent cannot be competently raised in an election petition in the Election Tribunal and the Election Tribunal lack the jurisdiction to entertain it, then the case of the appellants collapsed as predicated on that issue.

It went further to hold that where a law that gives jurisdiction to court limits that jurisdiction to the determination of specific questions, the court lacks the jurisdiction to exceed that limit to determine questions not listed within its jurisdiction to determine.

Furthermore, the court held that the contention that Governor Mai Mala Buni as Governor of Yobe State has violated S.183 of the Constitution by holding the office of acting National Chairman of the APC is a serious one with grave consequences for him and no doubt the party but it would be unfair to try that issue in his absence without joining him as a party to the petition.

The fair trial of such an issue in his absence without joining him as a party is impossible.

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(Ondo SC JGMT Of John Inyang Okoro JSC)

(Ondo SC JGMT Of Mohammed Lawal Garba JSC)

(Dissenting Judgement Delivered By Ejembi Eko, JSC)

(Lead Judgement As Delivered By Hon. Justice Emmanuel Akomaye Agim, JSC)

(ONDO SC JGMT Of Emmanuel Akomaye Agim JSC)

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