HON. KUFREABASI BASSEY ETUK & ANOR V. ANIEKAN ETIM BASSEY & ORS
April 28, 2025HABILA TIMOTHY ANDERIFUN V HON. IRATSI YOHANNA ADAKI & ORS
April 28, 2025Legalpedia Citation: (2022-04) Legalpedia 09452 (CA)
In the Court of Appeal
HOLDEN AT ABUJA
Tue Sep 15, 2015
Suit Number: CA/A/EPT/468/2015
CORAM
ABUBAKAR D. YAHAYA JUSTICE, COURT OF APPEAL
TANI YUSUF HASSAN JUSTICE, COURT OF APPEAL
MUHAMMED MUSTAPHA JUSTICE, COURT OF APPEAL
PARTIES
1. SALAUDEEN JIMOH GANIYU
2. ACCORD PARTY
APPELLANTS
1.KARIM SUNDAY
2.PEOPLES DEMOCRATIC PARTY (PDP)
3.INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
4.THE RETURNING OFFICER (Yagba West, Yagba East and Mopamuro Federal Constituency)
RESPONDENTS
AREA(S) OF LAW
APPEAL, COURT, ELECTION PETITION, INTERPRETATION OF STATUTE, PRACTICE AND PROCEDURE, WORDS AND PHRASES
SUMMARY OF FACTS
The Appellants herein, has applied for an order of the court extending time within which to file and serve the Appellants’ Joint Brief of argument in respect of the appeal, which is against the Ruling of the National and State House of Assembly Election Tribunal. The Appellants has also requested for the leave of the court to enable them file and argue Additional Grounds of appeal in respect of the appeal. The 1st Respondent in opposing the application submitted that the court cannot grant the application as it lacks jurisdiction to grant same as there is no provision for that under the Practice Direction.
HELD
Appeal Dismissed
ISSUES
Whether considering the provision of paragraph 10 of the Practice Direction, 2011, this court has the jurisdiction to entertain this application.
RATIONES DECIDENDI
ELECTION PETITION- WHETHER THE RULES OF INTERPRETATION ACT IS APPLICABLE IN ELECTION PETITION MATTER
“The Supreme Court in Ngige Vs INEC (supra) held that since election matters are sui generis, the rules of Interpretation Act may not apply in elections or election related matters and time provided in the Practice Direction 2011, cannot be extended. The appellants’ brief was filed outside the 10 days period and we have no option but to discountenance same by the above decision of the Supreme Court.
Rules of Court which include Practice Directions are not intended to be applied slavishly-PDP Vs INEC (2012) 7 NWLR (part 1300) 538 at 545.” PER. T.Y HASSAN, J.C.A
CASES CITED
None
STATUTES REFERRED TO
Court of Appeal Rules, 2011
Electoral Act, 2010(as amended)
Practice Directions, 2011
