ADAMU SIDI-ALI V. YUSUF USMAN BABAN TAKWA TH E RETU RN IN G OF FI CER, K WALI / GWAG WALADA/K UJ E/AB AJ I FEDERAL CONSTITUENCY TH E PR ES ID IN G OF FI CER, K WALI / G WAGWALAD A/ K UJ E/AB AJ I FEDERAL CONSTITUENCY THE R ES ID EN T ELEC TO RAL COMMISSIONER, INEC, FEDERAL CAPITAL TERRITORY, GARKI ABUJA M US A HU SS AI NI ( TH E ELEC TO RAL OFFICER) KWALI AREA COUNCIL, FEDERAL CAPITAL TERRITORY, GARKI ABUJA THE COLLATION OF FICER, YEBU WARD, KWALI AREA COUNCIL, (TSETIM AKOSO) INEC, F ED ER AL C AP ITAL TER RITO RY, ABUJA IN DEPEND EN T NATI ON AL ELECTOR AL COMMISSION, (INEC) IN RE: AN APPLICATION FOR EXTENSION OF TIME AND FOR LEAVE TO APPEAL AS AN INTERESTED PARTY PEOPLES DEMOCRATIC PARTY V. ADAMU SIDI-ALI TH E RETU RN IN G OF FI CER, K WALI / GWAG WALADA/K UJ E/AB AJ I FEDERAL CONSTITUENCY TH E PR ES ID IN G OF FI CER, K WALI / G WAGWALAD A/ K UJ E/AB AJ I FEDERAL CONSTITUENCY THE R ES ID EN T ELEC TO RAL COMMISSIONER, INEC, FEDERAL CAPITAL TERRITORY, GARKI ABUJA M US A HU SS AI NI ( TH E ELEC TO RAL OFFICER) KWALI AREA COUNCIL, FEDERAL CAPITAL TERRITORY, GARKI ABUJA THE COLLATION OF FICER, YEBU WARD, KWALI AREA COUNCIL, (TSETIM AKOSO) INEC, F ED ER AL C AP ITAL TER RITO RY, ABUJA IN DEPEND EN T NATI ON AL ELECTOR AL COMMISSION, (INEC)
(2003) JELR 56758 (CA)
Court of Appeal
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CA/A/EP/137/2003
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6 Aug 2003
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Nigeria
Coram
IBRAHIM TANKO MUHAMMAD, JCA (Presided) ZAINAB ADAMU BULKACHUWA, JCA ALBERT GBADEBO ODUYEMI, JCA (Read the Lead Ruling)
Appearances
J. K. Gadzama, Esq. SAN (with him, R. O. Yusuf, Esq., H. C. Chukwudi, Esq., M. A. Ebute, Esq., T. N. Ndifor, Esq., S. O. Emeheze, Esq. and G. W. Nomhwange, Esq.) - for the Applicant.
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Yunus Ustaz Usman, Esq. (with him, I. Hussain, Esq.) - for the 1st F
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Respondent.
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I. K. Bawa, Esq. (with him, N. H. Auta, Esq.) - for the 2nd - 7th Respondents.
Judgement
ODUYEMI, JCA (Delivering the Lead Ruling): By a notice of motion filed in the registry of this court on 21/7/2003, the Peoples Democratic Party, sought for the following orders: “1. An order of extension of time within which the applicant may apply for leave to appeal against the decision of the National Assembly Election Tribunal, Abuja in Petition No. ABJ/EPT/ 2/2003 delivered on the 27th day of June, 2003 as an interested party.
An order granting leave to the applicant to appeal against the said decision as an interested party. An order deeming the notice of appeal filed by the applicant without the leave of this Honourable Court on 18th July, 2003 as properly filed and served, the appropriate fees having been paid.
ALTERNATIVELY 4. An order of extension of time within which the applicant may apply for leave to appeal against the decision of the National Assembly Election Tribunal, Abuja in Petition No. ABJ/EPT/ 2/2003 delivered on the 27th day of June, 2003 as an interested part…
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