PRINCE DURO ADEREMI LADEJOBI V. OTUNBA AINOFI AFOLORUNSHO OGUNTAYO
June 11, 2025OZANA UBIERHO V. THE STATE
June 11, 2025Legalpedia Citation: (2004) Legalpedia (CA) 17111
In the Court of Appeal
Wed Jul 7, 2004
Suit Number: CA/E/EPT/AN/NA/25/03
CORAM
FATAYI-WILLIAMS, JUSTICE SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, COURT OF APPEAL
SOWEMIMO, JUSTICE SUPREME COURT
PARTIES
HON. PRINCE CHINEDU EMEKA APPELLANTS
CHIEF (MRS.) JOY EMORDI & ORS RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner/ Appellant was a candidate at the National Assembly Election for the Anambra North Senatorial District. He lost the election and thereafter challenged the return of the 1st and subsequently the 2nd respondents as duly elected, at the Election Tribunal. After issues were joined between the parties, series of motions were filed by each set of Respondents each challenging the competence of the appellant’s petition on different grounds. The learned members of the tribunal upheld the prayers in the motions and struck out the petition of the Appellant as incompetent. Dissatisfied, the Petitioner/Appellant appealed to the Court of Appeal.
HELD
Appeal Dismissed
ISSUES
Whether upon a proper interpretation of the provisions of paragraph 45 of the 1st Schedule to the Electoral Act, 2002, the 1st and 2nd respondent’s (sic) qualify as “candidate” for the petition to be deemed separate petitions against them necessitating the payment of separate fees. Whether the 1st respondent had any locus standi to make the application in the consolidated petition.Whether the petition is incompetent for failure to comply with the mandatory provisions of section 133(2) of the Electoral Act, 2002 and paragraphs 47 and 4(1)(c) of the 1st schedule to the Electoral Act, 2002? (Grounds 1 and 2 on the respondent’s notice).
RATIONES DECIDENDI
ELECTION PETITION – EFFECT OF WHERE TIME FOR DOING AN ACT LAPSES IN AN ELECTION PETITION
“In an election petition where time is of the essence of the proceedings once the time prescribed for the doing of an act has lapsed, the defect becomes fatally incurable.” DONGBAN-MENSEM, J.C.A
CASES CITED
Daodu v. NNPC (1998) 2 NWLR (Pt. 538) 355; (1998) SCNJ 95 at 106Israel Olu Olaniyonu v. Prof Awa & 2 Ors. (1989) 5 NWLR (Pt. 122) p. 493 at 500.Nwachukwu v. Emesim & Ors. (1999) 3 NWLR (Pt. 596) 590 at 602 to 603Omorhirhi v. Enatevwere (1988) 1 NWLR (Pt. 73) 746 at 766 – 767
STATUTES REFERRED TO
Electoral Act 2002
