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CHRISTOPHER R.D. OGOLO V. DAGOGO ELI LEGG-JACK & ORS

(1999) JELR 43825 (CA)

Court of Appeal  •  CA/PH/EP/74/99  •  13 Mar 1999  •  Nigeria

Coram
IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; MICHAEL EYARUOMA AKPIROROH JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The question posed in this appeal and to be determined by this court is whether the Election Tribunal effectively and conclusively determined the petition or aborted it on the premise that the 60 days prescribed by the Decree for the determination of a petition had lapsed. It is the case of the appellant that the petition was peremptorily wound upon the ground that the time limit allowed by the provisions of the law had expired and it lacked jurisdiction to continue with the proceedings of the case.

It must be pointed out that one great feature of the election petitions law is the essence of time. Public policy determines that an action by way of petition filed must be tried and concluded within a specified time frame work.

This being the case it goes without saying that the court would place strict construction on the provisions of the law. That being so, it will be remiss of any court to entertain interlocutory appeals. Secti…

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