OYO STATE INDEPENDENT ELECTORAL COMMISSION V. THE ATTORNEY-GENERAL OF OYO STATE OYO STATE LOCAL GOVERNMENT ELECTION TRIBUNAL LOCAL GOVERNMENT ELECTION APPEAL TRIBUNAL THE GOVERNOR OF OYO STATE J. A. AKINTARO

TABAI JCA (Delivering the Lead Ruling): This motion filed on the 25th April, 2005 seeks the following reliefs:-

“(i) An order for extension of time within which to apply to set aside the certificate as to non-compliance with conditions imposed upon a would-be appellant (id est Civil Form 16) issued in this case.

(ii) An order setting aside the certificate as to non-compliance with conditions imposed upon a would-be appellant ( id est Civil Form 16) issued in this case.”

And the grounds for the application are stated to be:-

“(a) Non-service on the appellant/applicant of summons to parties by registrar to settle record (id est Civil Form 6).

(b) Lack of jurisdiction by the registrar to issue Civil Form 6 on the appellant/applicant, which is a government department.”

The application was supported by a 12 paragraphed affidavit to which were attached exhibits A, B and C and a further-affidavit of 5 paragraphs.

The 5th respondent filed a counter-affidavit of 6 paragraphs and a further cou…