May 19, 2025
Legalpedia Citation: (2011) Legalpedia (CA) 13111 In the Court of Appeal Fri Sep 16, 2011 Suit Number: CA/C/NAEA/195/2011 CORAM OKWUCHUKWU OPENE JUSTICE, COURT OF APPEAL PARTIES 1.IDONGESIT […]
CORAM
OKWUCHUKWU OPENE JUSTICE, COURT OF APPEAL
PARTIES
1.IDONGESIT GODWIN AKPAN UDOKPO APPELLANTS
1. KENNETH EDET ARCHIBONG
2. PEOPLES DEMOCRATIC PARTY
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner and the 1st Respondent contested the election into the Federal House of Representative Itu constituency Awka Ibom State. At the end of the election the 1st Respondent was declared duly elected. Being aggrieved the Petitioner presented a petition before the Election Tribunal holding at Uyo in Akwa Ibom state. Upon exchange of pleadings the 1st Respondent raised a preliminary objection to the hearing of the petition on the ground of failure by the Appellant to comply with the provisions of paragraphs 18 (1) and 47 (2) of the 1st schedule to the Electoral Act 2010.
Though the Tribunal initially refused the Respondent‘s application for dismissal on the ground that pleadings had closed when the Petitioner’s reply to the 2nd Respondent’s reply was filed, upon another application by the Respondent for the dismissal of the petition for failure to comply with paragraph 18 (1) and (3) of the 1st Schedule to the Electoral Act, 2010 (as amended), the Tribunal allowed the application and dismissed the petition for non compliance. Aggrieved by the decision of the Tribunal, the Appellant appealed.
HELD
Appeal Allowed
ISSUES
1.Whether the Tribunal rightly treated the petition as abandoned under paragraph 18 (1-3) of the 1st Schedule to the Electoral Act 2010 (as amended) and dismissed the same under paragraph 18 (4) upon the application of the 1st Respondent?
RATIONES DECIDENDI
DECISION OF COURT – WHAT IS THE IMPLICATION OF A COURT DECISION NOT APPEALED AGAINST?
“A decision of court not appealed against is deemed accepted by the parties and same is therefore binding. See Iyoho v. Effiong (2007) All FWLR”. PER I. O. AKEJU, J.C.A
CASES CITED
STATUTES REFERRED TO
Electoral Act 2010(as amended)