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CHIEF SAMUEL OLUYEMI FALAE v. GENERAL OLUSEGUN OBASANJO & ORS

(1999) JELR 43899 (CA)

Court of Appeal  •  CA/A/EPPR/12/99(R)  •  1 Apr 1999  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; DENNIS ONYEJIFE EDOZIE JCA; JUSTIN THOMPSON AKPABIO JCA; ALOMA MARIAM MUKHTAR JCA; GEORGE ADESOLA OGUNTADE JCA;

Judgement

MUKHTAR, JCA (Delivering the Lead Ruling): The application before this court is brought pursuant to paragraph 44(1) of Schedule 4 to the Presidential Election (Basic Constitutional and Transitional Provisions) Decree No.6 of 1999 and articles 3 and 7(1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap 10 Laws of the Federation of Nigeria.

The application is supported by an affidavit. The application is for an order enlarging the time within which to conduct the substantive proceeding in this election petition by such number of days beyond the 21 days provided for in paragraph 2(1) of Schedule 4 to Decree NO.6 of 1999 as the court may consider necessary having regard to the right of the petitioner to expeditious and fair hearing in the determination of his petition on the merit and the right of the respondents to proffer their defence to the petition.

Dr. Kusamotu, of counsel for the applicant presented extensive argument on the need to grant…

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