judy.legal
Login Register
Case
📄 PDF
×

Share

Share this document:

Tap the link above to select, then copy.

ALHAJI MOHAMMED DIKKO YUSUFU & ANOR. V. CHIEF OLUSEGUN AREMU OKIKIOLA OBASANJO & ORS.

(2003) JELR 57639 (CA)

Court of Appeal  •  CA/A/EP/1/M2/03  •  5 Jun 2003  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE, JCA MAHMUD MOHAMMED, JCA SYLVESTER ADIEWERE NSOFOR, JCA FRANCIS FEDODE TABAI, JCA

Appearances
A. J. Owonikoko Esq. (with him, Felix Efi)- for the Petitioners. -*- Chief Afe Babalola SAN (with him, Prince Kayode SAN, Y. Madaki, -*- P. Orokoro, J. Okunloye, A. Adenipekun, J. Adesina, Mrs. O. Amao, -*- T. Abubakar, F. Sanni (Miss)) - for 1st and 2nd Respondents. B -*- Chidi Nwuke, Esq. (with him, J. Odozie, A. A. Gulak, E. Ette, Y. A. Iyamela (Mrs) for Chief Ahamba SAN) - for the 3rd and 4th Respondents. -*- T. T. Uwaozota - for the 5th and 6th Respondents. -*- Chris Uche Esq. (with him, J. Ephraim Esq.)- for the 37th and 38th C -*- Respondents. -*- A. Onuoha Esq. - for the 40th, 42nd - 55th Respondents. -*- Sir A. O. Eghobamien SAN (with him, Ehemonese (Miss), N. I. Owanah, C. I. Erhonmese - for the 41st Respondent.

Judgement

ABDULLAHI, PCA (Delivering the Lead Ruling): The petitioner on 2nd day of May, 2003, filed his petition. On the 21st day of May, 2003, he filed an application for leave to amend the petition even though he was still within time for presenting the petition. The applicant is asking for nineteen different reliefs in his application for amendment, some of which are substantial whileothers are fairly routine. The reliefs asking for substantial or material amendment cannot be granted in view of the fact that they would have the effect of energizing the petition in certain respect.

At this stage, no application for amendment which is capable of giving life to an otherwise anaemic petition can be entertained. Paragraph 14(2) of the first schedule of the Electoral Act No. 4 of 2002 is pertinent. It provides thus:- 14(2) After the expiry of the time limited by -

Section 154 of this Act for presenting the election petition, no amendment shall be made: introducing any of the requirement of sub-pa…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login