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PEOPLES DEMOCRATIC PARTY V. KWARA STATE INDEPENDENT ELECTORAL COMMISSION & ORS

(2005) JELR 57425 (CA)

Court of Appeal  •  CA/IL/31/04  •  29 Jun 2005  •  Nigeria

Coram
MUNTAKA S. MUNTAKA-COOMASSIE JCA (Presided) ABOYI JOHN IKONGBEH JCA (Read the Lead Judgment) TIJANNI ABDULLAHI JCA

Appearances
K. Olatoke Esq. (with him, W. Ismail Esq. and S. T. Abubakar Esq.) for the Appellant ; M. Gafar Esq. for the 1st - 4th Respondents; B. F. Lawal Esq. for the 5th Respondent.

Judgement

IKONGBEH JCA (Delivering the Lead Judgment):Β 

Introduction: The appellant, the Peoples Democratic Party(P.D.P.), has two appeals before us. The first notice of appeal, filed on 13/09/04, challenges the ruling of the High Court of Kwara State, sittingat IIorin,in its appellate jurisdiction. The ruling was delivered on 07/09/04. By it the lower court, against stiff opposition fromthe appellant,granted extension of time to the 5th respondent herein within which to appeal to it from the ruling of the Kwara State Local Government Election Tribunal. In the ruling, it overruled the objection by the appellant to its jurisdiction, holding that it had jurisdiction to entertain the appeal already filed by the 1st - 4th respondents and the one it granted extension of time to the 5th respondent to file. The second notice of appeal, filed on the same day, i.e., 13/09/04, challenges the final judgment of the court in the substantive appeal. The judgment was delivered on 10/09/04. In it, the court al…

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