CHIEF F.M. IKOMI VS C. E. COLE
September 10, 2025ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION
September 10, 2025Legalpedia Citation: (2022-02) Legalpedia 22658 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Apr 22, 1960
Suit Number: SC 212/1959
CORAM
ADEMOLA, JUSTICE SUPREME COURT
ABBOTT, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
1. MOSES NGONJA NDOKE
2. THE LEGAL SECRETARY OF THE SOUTHERN CAMEROONS
RESPONDENTS
AREA(S) OF LAW
ELECTION PETITION – PRESENTATION OF PETTITION
SUMMARY OF FACTS
The appellant sent some copies of his petition to the court’s registry but did not pay filing fees until after more than 30 days the election was conducted.
HELD
The court held that the petition was incompetent.
ISSUES
Whether the appellant’s petition filed more than 30 after the date of the election is competent.
RATIONES DECIDENDI
TIME WITHIN WHICH ELECTION PETITIONS MUST BE BROUGHT UNDER THE SOUTHERN CAME-ROONS HOUSE OF ASSEMBLY, REGULATIONS , 1957
‘it is clear from Regulation 91 (4) that an election petition must be presented within one month after the date on which the election was held. It was not intended, from the Regulations and from the Rules, that the petitioner should wait for an order for security for costs to be made before he presents his petition.’ Per Ademola C.J. F
CASES CITED
1. The Elections, Southern Came-roons House of Assembly, Regulations , 1957
2. Supreme Court (Election Petitions) Rules 1951 (No. 3 of 1951
STATUTES REFERRED TO
Not Available
