The appellants wished to appeal to the Supreme Court in
respect of their election petitions, which the High Court
dismissed, and on appeal, the Court of Appeal confirmed
the dismissals. They were unable to appeal to the
Supreme Court because S. 67(3) of the Parliamentary
Elections Act provides that the decision of the Court of
Appeal is final. They petitioned the Constitutional Court

to declare that provision unconstitutional, but their
petitions were struck out for failure to disclose any cause
of action; hence this appeal.
Court considered whether it was an error to hold that the
petition does not disclose a cause of action.

Court ruled that where a petition challenges the
constitutionality of an Act of Parliament, it sufficiently
discloses a cause of action if it specifies the Act or its
provision complained of and identifies the provision of
the Constitution with which the Act or its provision is
inconsistent or in contravention, and seeks a declaration
to that effect.

In the instant case, he 1 st appellants petition disclosed not
only one, but two constitutional causes of action. In the
petition, it was alleged that under Article 140 of the
Constitution the petitioner has a right of appeal to the
Supreme Court, but that he "cannot appeal as the right of
appeal to the Supreme Court has been barred by section
67(3)." It was then prayed, inter alia, that the court should
declare that the said section "infringes on the (petitioner's)
rights under the Constitution" and specifically declare that
he has the right to appeal to the Supreme Court. These are
the averments that disclose a cause of action under Article
50(1) of the Constitution.

Court accordingly held that the appellants petition had a
cause of action and ordered that the petition be remitted
back to the Constitutional Court for determination on the
merits.