DANLADI SANI ABUBAKAR V. SANI ALI

Legalpedia Citation: (2015) Legalpedia (CA) 17759

In the Court of Appeal

HOLDEN AT YOLA

Tue Dec 1, 2015

Suit Number: CA/YL/EPT/TRS/SEN/96/2015

CORAM

JUMMAI HANNATU SANKEY JCA

BIOBELE ABRAHAM GEORGEWILL JCA

RIDWAN MAIWADA ABDULLAHI JCA

PARTIES

DANLADI SANI ABUBAKAR

APPELLANTS

SANI ALI

ALL PROGRESSIVE CONGRESS

PEOPLES DEMOCRATIC PARTY (PDP)

INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

RESPONDENTS

AREA(S) OF LAW

APPEALS, ELECTORAL LAW, JUDGMENT, PRACTICE AND PROCEDURE

SUMMARY OF FACTS

This interlocutory Appeal is founded on the Ruling of the National and State Houses of Assembly Election Tribunal Petition delivered on 10th October, 2015. Aggrieved by the decision therein, the Appellant appealed vide his Notice of Appeal

HELD

Appeal Allowed

ISSUES

RATIONES DECIDENDI

APPEALS – WHETHER OR NOT A PARTY CAN CONCEDE TO AN APPEAL AFTER THE COMMENCEMENT OF THE HEARING OF AN APPEAL

Even though parties to the Appeal duly filed their respective Briefs of argument and the hearing of the Appeal properly commenced this afternoon, learned Counsel to the 1st and 2nd Respondents, F.K. Idepefo Esquire, after due introspection and consideration of the Judgment of this Court delivered earlier today, 1st December, 2015 in a sister Appeal No. CA/YL/EPT/TRS/HR/97/2015, in which similar facts were considered, has very commendably taken the decision to concede to the Appeal. Learned SAN, as well as all other learned Counsel, are not opposed to this concession. PER – JUMMAI HANNATU SANKEY, J.C.A.

APPEALS – EFFECT OF A CONCEDED APPEAL

In the circumstance, this Appeal No. CA/YL/EPT/TRS/SEN/96/2015, having been conceded to by the 1st and 2nd Respondents, succeeds. It is accordingly allowed.

Consequently, the Ruling of the National and State Houses of Assembly Tribunal Taraba State delivered on 10th October, 2015, upon which this Appeal is predicated, is hereby set aside, and the motion on notice filed on 04-10-15, is accordingly dismissed. PER – JUMMAI HANNATU SANKEY, J.C.A.