May 24, 2025
Legalpedia Citation: (2011) Legalpedia (SC) 15221 In the Supreme Court of Nigeria HOLDEN AT ABUJA Thu Jan 27, 2011 Suit Number: SC 39/2010 CORAM PARTIES HOPE DEMOCRATIC […]
CORAM
PARTIES
HOPE DEMOCRATIC PARTY (HDP) APPELLANTS
MR PETER OBIMR EMEKA NDUBUISI SIBEUDUALL PROGRESSIVE GRAND ALLIANCEINDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)THE RESIDENT ELECTORAL COMMISSIONER ANAMBRA STATETHE RETURNING OFFICER ANAMBRA STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The cause of action arose from the governorship election of Anambra State conducted on the 6th day of February, 2010 under the Electoral Act 2006
HELD
Appeal struck out.
ISSUES
Whether this court has jurisdiction to entertain this appeal as the subject matter of the appeal emanated from an election which was conducted before the amendment to the 1999 constitution and the hearing in election petitions terminate at the Court of Appeal by virtue of Section 246(3) of the 1999 Constitution before the amendment. Whether in view of Section285(7) of the 1999 Constitution there is any live issue in the appeal having expired due to efflux ion of time?
RATIONES DECIDENDI
CASES CITED
Uttih v Onoyivwe (1991) 1 NWLR (Pt. 166) 166|Adesanoye v Adewole (2006) 14 NWLR (Pt. 1000) 242 at 267|Osakwe v F.C.E. Asaba (2010) 10 NWLR (Pt. 1201) 1 at 43|A-G Federation v Sode (1990) 1 NWLR (pt. 128) 500 at 534
STATUTES REFERRED TO
The 1999 Constitution.|The Interpretation Act, Cap.123 Laws of the Federation of Nigeria, 2004|Electoral Act 2006|