judy.legal
Login Register

ANPP & ANOR v. INEC & ORS

(2008) JELR 43867 (CA)

Court of Appeal  •  CA/PH/EPT/509/2007  •  10 Jul 2008  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA; EJEMBI EKO JCA;

Judgement

TIJJANI ABDULLAHI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Owerri, Imo State of Nigeria delivered on the 20th day of September, 2007 wherein the Tribunal held thus:

"Petitioner is therefore required by paragraph 3(1) of the Practice Directions, 2007 to make his application within 21 days. He is expected to wait for the Respondents to file a reply he is expected to be vigilant and desirous for a quiet disposal of his petition. That is the spirit and intendment of the Practice Directions, 2007 and paragraph 3(1) in Particular."

The application by the Petitioner on 18/07/2007 is therefore made outside the period permitted by paragraph 3(1). Since the Tribunal by subparagraph 4 lacks the power to extend time for the Petitioner to make the application. It falls for us to dismiss the petition as abandoned in accordance with sub-paragraph 4. The petition is hereby dismissed."

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login