PROF. AJIBAYO AKINKUGBE V EWULUM HOLDINGS NIGERIA LTD & ANOR
May 30, 2025ADEWALE KABIRU V. ATTORNEY GENERAL, OGUN STATE
May 30, 2025Legalpedia Citation: (2008) Legalpedia (CA) 81711
In the Court of Appeal
HOLDEN AT PORT HARCOURT
Wed Apr 9, 2008
Suit Number: CA/PH/EPT/488/2007
CORAM
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL.
ESO, JUSTICE SUPREME COURT
IBRAHIM MOHAMMED MUSA SAULAWA JUSTICE, COURT OF APPEAL.
PARTIES
CHIEF OKEY IKORO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner/Appellant and the 1st Respondent both contested for the Orlu senatorial seat, and the 1st Respondent was returned as the winner of the election. The Petitioner/Appellant was however displeased with the results of the election and thereby filed an election petition at the Governorship and Legislative Houses Election Tribunal sitting at Imo State. The petition was dismissed on the ground that the Petitioner/Appellant had failed to apply for issuance of pre-hearing notice within the time provided in paragraph 3(1) of the practice directions. Further displeased by the decision of the Tribunal, the Petitioner/Appellant appealed to the Court of Appeal.
HELD
Appeal dismissed
ISSUES
“Whether the petition was rightly dismissed for non-compliance with paragraph 3(1) of the Practice direction?”
RATIONES DECIDENDI
ELECTION PETITIONS – THE PROCEDURE IN ELECTION PETITION IS DIFFERENT FROM THAT APPLICABLE TO OTHER CIVIL DISPUTES.
“Being different and special kind of disputes that require expeditious disposal or determination, election petitions were excised from the usual or normal rules of procedure and practice applicable to other civil disputes.” PER. M. L. GARBA, JCA.
PRACTICE IN ELECTION MATTERS – THE PRACTICE IN ELECTION MATTERS IS TO DO JUSTICE.
“The trend practice for some time now particularly in election matters which are of a different and special nature is to do justice, even if only substantial, in matters that come before the courts regardless of the harmless deficiencies in form that may exist in the processes used to have access to the seat of justice where every citizen has the constitutional right to. See Onalo V. Aguda (1997) 10 NWLR (526) 540, Mil. Gov. of Imo State V. Nwauwa (1997) 2 NWLR (490) 675, Iloabachie V. Iloabachie (2000) 5 NWLR (656) 178, Iwu V. Nwugo (2004) 9 NWLR (877) 54, Ogboru V. Ibori (2006) 17 NWLR (1009) 542.” PER. M. L. GARBA, JCA.
RULES OF PRACTICE AND PROCEDURE IN ELECTION PETITIONS – THE RULES OF PRACTICE AND PROCEDURE IN ELECTION PETITIONS ARE MANDATORY BECAUSE TIME IS OF THE ESSENCE.
“Specific rules of procedure and practices couched in mandatory and imperative terms were provided for application in the determination of such disputes arising particularly from elections to which time is of the very essence.” PER. M. L. GARBA, JCA.
JURISDICTION OF AN ELECTION TRIBUNAL – THE JURISDICTION OF AN ELECTION TRIBUNAL IS SPECIAL IN NATURE.
“The jurisdiction of an Election Tribunal to deal with election petitions is of a very special nature different from that in ordinary civil cases. See Omtiri V. Benson (1960) SCNLR 314 @ 317” PER. M. L. GARBA, JCA.
PRACTICE DIRECTIONS, 2007 – THE PURPOSE OF THE PRACTICE DIRECTIONS SHOULD NOT BE COMPROMISED.
‘The good and commendable intendment of the Practice Direction cannot and should not be compromised otherwise that will be doing violence to the spirit and purpose of the Practice Directions, 2007 and the Electoral Act, 2006. Per T. ABDULLAHI, J.C.A
PROCEDURE FOR ELECTION PETITIONS – FOR THERE TO BE ORDER IN THE PROCEDURE OF ELECTION PETITIONS, THE PROVISIONS OF THE LAW MUST BE COMPLIED WITH.
“There would be no order in the procedure for election petitions where the provisions are not obeyed or completed with by the parties or where the parties are free to indolently disregard them by filing processes when they like outside the time prescribed and limited by the provisions.” PER. M. L. GARBA, JCA.
ELECTION PETITION – WHETHER ELECTION PETITION ARE SIMILAR WITH ORDINARY CIVIL PROCEEDINGS
“Election petition are distinct from ordinary civil proceedings Per. M. L. Garba, JCA.
CASES CITED
STATUTES REFERRED TO
Electoral Act 2006Practice Directions, 2007
