Cross appeal

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original jurisdiction under section 239(1) of the same 1999 Constitution to hear and

determine the petitioners’ petition in respect of which, the preliminary objection is

being raised. Thus, not being an Election Tribunal the Court does not have a secretary

to endorse or sign an election petition. The absence of attestation clause and signature

of the Secretary to the Tribunal therefore does not make the petition incompetent.

The petition on the face of it was duly filed in the registry of this Court on 20-5-2003

and received by a registrar of the Court who received the fees for filing the petition

and endorsed, stamped and signed the petition. Therefore, the petition having been

filed in accordance with the known procedure for filing originating processes by

which Civil Actions are commended under Order 2 of the Federal High Court (Civil

Procedure) Rules, 2000, which are applicable in this Court by virtue of paragraph 50

of the 1st Schedule to the Electoral Act, 2002, the petitioners’ petition was properly

filed and therefore competent.” Per Muhammed, J.C.A., in Buhari v. Obasanjo

(2003) 17 N.W.L.R. (Pt. 850) 423 at 489.

868. Will appellate Court adjudicate on issue not ruled on by trial Court?

“The addendum to the issue (1), is who caused the forgery, the appellant or the

respondents. The issue of who caused the forgery of the documents was not ruled

upon in the judgment of the Court below. This Court is unable to adjudicate on it.” -

Per Omage, J.C.A., in Ezenduka v. N.S. Eng. Co. Ltd. (No. 2) Suit No. CA/K/

164/99; (2002) 6 N.W.L.R (Pt. 762) 202 at 219.

869. Will Court of Appeal act upon complaint not brought as substantive

appeal or as an application?

“I am completely at a loss about the argument of learned counsel on the complaint

he lodged with the Chief Judge of Borno State, a copy of which he said he did send

to his Court complaining therein about the participation of Mr. Sunday in the

compilation of the record of appeal. Of course, this Court has no obligation to take

any action upon a complaint of a counsel or a party for that matter which is not

brought as a substantive appeal or an application in a substantive appeal. Indeed

learned counsel did not exhibit the letter of complaint over which he placed so much

premium.” - Per Mangaji, J.C.A., in Adisa v. Teno Eng. Ltd. Suit No. CA/J/111/97;

(2001) 1 N.W.L.R (Pt. 695) 633 at 653.

(46) CROSS APPEAL

870. Appeal Court’s role where no cross-appeal is made.

“As this Court has said in a number of cases, where a respondent has not cross

appealed or at least given a respondent’s notice, the role of this Court is strictly

limited to seeing whether or not the decision of the Court below is correct. See on

this Oguma Associated Companies (Nig.) Ltd. v. I.B.W.A. Ltd. (1988) 1 N.W.L.R.

(Pt. 73) 658, p. 681; Eliochin (Nig.) Ltd. v. Mbadiwe (1986) 1 N.W.L.R. (Part 14)

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