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SENATOR BELLO SARAKIN YAKI (RTD) & ANOR v. SENATOR ATIKU ABUBAKAR BAGUDU & ORS

(2015) JELR 3438 (SC)

Supreme Court  •  SC.722/2015  •  13 Nov 2015  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; OLABODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC;

Judgement

NWALI SYLVESTER NGWUTA, JSC (REASONS FOR JUDGMENT):

This appeal involves the consequence of failure to comply with the provisions of Paragraph 18(1) of the 1st Schedule to the Electoral Act, 2010 as amended. It provides:

"Para. 18(1):

Within 7 days after the filing and service of the petitioner's reply as the respondent or 7 days after the filing and service of the respondent's reply, as the case may be, the petitioner shall apply for the issuance of pre-hearing notice as in Form TF 008."

It is not in dispute that the last date for the appellants as petitioners to apply for the issuance of the pre-hearing notice was the 7th day of June, 2015 nor is it in doubt that the appellants actually filed the application for the issuance of the pre-hearing notice on 8/6/2015. Paragraph 18(3) gives the respondent a choice in case of failure by the petitioner to comply with Paragraph 18(1), between bringing the application for the issuance of pre-hearing notice or a motion on notice for an order dismi…

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