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ALL NIGERIAN PEOPLES’ PARTY V. SENATOR USMAN ALBISHIR INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2010) JELR 56365 (SC)

Supreme Court  •  SC. 133/2009  •  19 Feb 2010  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC (Presided) GEORGE ADESOLA OGUNTADE JSC (Read the Lead Judgment) FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC OLUFUNLOLA OYELOLA ADEKEYE JSC

Appearances
Mr. Yusuf Ali SAN (with him, Mr. A. O. Adelodun, Dr. W. Egbewole, Abu Adamu, K. K. Eleja, S. A. Oke, M. Abdullahi, Etukwu Onah, B. -*- E. Ofione, N.N. Adegboye, Murtar Abubakar and Alex Akoja) - for the Appellant. -*- Dr. Alex A. Izinyon SAN (with him, D.D. Dodo SAN, Dr. Akin Onigbinde, I.N. Ambule Esq., S.A. Yelwa Esq., M.S. Shuaibu Esq., Haruna Albishir Esq., B.K. Abu Esq., P.M. Ayam Esq., F.O. Izinyon -*- Esq., Festus Jumbo Esq., Umar Bukar Gana Esq., Ejovi Oghojafor Esq., Alaci John Esq., Tehemba Gbashima and Kauna Penzin) - for -*- the 1st Respondent. -*- Mr. Wole Adebayo (with him, Messrs. Chuka Ugwu and Halifa Kafo) -*- - for the 2nd Respondent.

Judgement

OGUNTADE JSC (Delivering the Lead Judgment): This appeal challenges the propriety of the order made by the Court of Appeal, Jos (hereinafter referred to as ‘the court below’) on 8 April 2009. The 1st respondent before this court, Senator Usman Albishir was the applicant before the court below where he sought three principal reliefs which read: “1. An order extending the time within which to seek leave to appeal against the ruling of Hon. JusticeAdamu Hobon of the Federal High Court, Maiduguri in suit No. FHC/MG/CS/08/ 07 between Senator Usman Albishir v. Independent National Electoral Commission (INEC) and Anor. which said ruling was delivered on 21 February 2007.

An order granting leave to the appellant to appeal against the ruling of Hon. JusticeAdamu Hobon of the FederalHigh Court,

Maiduguri in suit No. FHC/MG/CS/08/07 between Senator A Usman Albishir v. Independent National Electoral Commission (INEC) and Anor , which said ruling was delivered on 21 February 2007 An order …

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