WILSON ALATAHA & ANOR v. BENSON ASIN & ORS
June 27, 2025ATTORNEY-GENERAL OF BENDEL STATE VS CHIEF C.O.M. AGBOFODOH & ORS
June 27, 2025Legalpedia Citation: (1999) Legalpedia (CA) 13118
In the Court of Appeal
Fri Feb 26, 1999
Suit Number: CA/K/EPLG/1/99
CORAM
VICTOR A. O, OMAGE, OFR JUSTICE, COURT OF APPEAL.
PARTIES
DAVID ALIU CHATJOK APPELLANTS
1. HARUNA J. KATO2. BELLO S. ABDULLAHI3. ALL PEOPLE’S PARTY (APP)4. RETURNING OFFICER KACHIA L.G.A.5. THE RESIDENT ELECTORAL COMMISSIONER, KADUNA STATE6. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner/Appellant filed a petition at the Election Tribunal, challenging the qualification of the Respondents to contest the chairmanship election of Kachia Local Government Council. The Petitioner/Appellant claimed that the 1st Respondent was still a public servant with the Kaduna State Ministry of Works and Transport while the 2nd Respondent was an ex-convict. When hearing of the petition commenced, the 1st and 2nd Respondents raised a preliminary objection, that the petition did not comply with the requirements of paragraph 5(1)(c) of schedule 5 of Decree No.36 of 1998 and as such the petition was defective and a nullity. The Petitioner/Appellant agreed that the petition had not complied with paragraph 5(1)(e) of Schedule 5 of Decree No.36 of 1998. He therefore urged the tribunal to strike out the petition without costs, which the tribunal did. Dissatisfied with the above decision the Petitioner has appealed to this court.
HELD
Appeal Dismissed
ISSUES
What is the effect of non-compliance with any of the requirements of paragraph 5(1)?RATIOS
RATIONES DECIDENDI
AMENDMENT OF PETITION – TIME LIMIT WITHIN WHICH A PETITIONER CAN AMEND HIS PETITION-SECTION 82 OF DECREE 36.
“No amendment shall be made after the expiry of the time limited by Section 82 of Decree 36. Section 82 stipulates that an election petition under this Decree shall be presented within fourteen days from the date on which the result of the election is declared.”. PER R. D. MUHAMMAD, J.C.A
DISCERTIONARY POWERS OF AN ELECTION TRIBUNAL-DISCERTIONARY POWERS OF AN ELECTION TRIBUNAL TO STRIKE OUT AN ELECTION PETITION ON GROUNDS OF NON-COMPLIANCE WITH THE PROVISION OF PARAGRAPH 5(1) OF SCHEDULE 5 OF THE LOCAL GOVERNMENT (BASIC CONSTITUTIONAL AND
“Election Tribunal has got the discretion to strike out the petition where there is non-compliance with any provision of paragraph 5(1) of Schedule 5. This is more so, where the petitioner cannot amend the petitions”. PER R.D. MUHAMMAD, J.C.A
CASES CITED
STATUTES REFERRED TO
Local Government (Basic Constitutional and Transitional Provisions) Decree 1998
