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CHIEF AMBROSE OWURU V. CHIEF SERGEANT AWUSE, ALL NIGERIA PEOPLES PARTY & INDEPENDENT NATIONAL ELECTORAL COMMISSION OF NIGERIA

(2004) JELR 45104 (CA)

Court of Appeal  •  CA/PH/EPT/317/2003  •  19 Feb 2004  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; PIUS OLAYIWOLA ADEREMI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA; ALBERT GBADEBO ODUYEMI JCA; AMIRU SANUSI JCA;

Judgement

RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Leading Judgment): When this appeal was called for hearing on 17th day of February, 2004, the Court discovered that the Ruling of the Tribunal was delivered on the 14th day of June, 2003 and that the Notice of Appeal was filed on the 1st day of September, 2003 i.e. 77 days after the Ruling was delivered. The Court therefore suo motu raised the issue of the competency of the appeal and asked counsel to address us on the competency or otherwise of the appeal.

Chief Awuru who appeared for himself submitted that the appeal is competent and valid and that the Notice of Appeal was filed within time and in due compliance with all the relevant provisions of the law. He submitted that the relevant provisions are the Electoral Act, 2002; S.25 of the Court o fAppeal Act and the Constitution. He then submitted that there is no Section in the Electoral Act which specifically provide the time frame within which an electoral appeal must be filed. He sub…

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