ADEGBUYI
V.
MUSTAPHA

(2010) JELR 51207 (CA)    

Court of Appeal  ·  CA/I/EPT/OG/NASEN/99/08 ·  21 Apr 2010 ·  Nigeria
CORAM
STANLEY SHENKO ALAGOA JCA (Presided and Read the Lead Ruling) KUDIRAT M.O. KEKERE-EKUN JCA CHIDI NWAOMA UWA JCA
Core Terms Beta
court
electoral act
notice of appeal
appeal
practice directions
counsel
paragraph
case
obasanjo
election
election petition tribunal
election tribunal
senior counsel
1st appellant
provisions of section
filing of the notice of appeal
otunba kalejaiye
return of the 1st respondent
decision of the supreme court
filing date
mr. taiwo kupolati
notice
provision of paragraph
said notice of appeal
3rd-1,234 respondents
alagoa jca
applicant’s contention
applicants’ counsel
clear case
court of appeal rules
date of the d ecisio n
effect of section
effect of the decision
evidence act
first specie of appeal
ibadan division of the court of appeal
incompetent notice of appeal
independent national electoral commission
inherent powers of this court
interpretation of paragraph
paragraphs c-d
peculiar position of the electoral act
peculiar provision of the electoral act
return of the elected candidate
saraki’s case
similar circumstances
similar position
unreported decision

ALAGOA JCA (Delivering the Lead Ruling): This is a motion on notice dated the 29 January 2010, and filed on 1 February 2010. Arguing the motion,

counsel for the applicants, Otunba Kalejaiye, SAN said it is brought under A paragraph 1 of the Practice Directions, No. 2 of 2007, Order 6, rule 6 of the Court of Appeal Rules, 2007 and under the inherent powers of this court. The application prays for an order striking out the notice of appeal in the main matter dated 7 May 2008 and filed on 8 May 2008, and any appeal based on it. The grounds for the application are that the notice of appeal was filed out of time, i.e. outside the 21 (twenty one) days allowed by law under paragraph 1 of the Practice Directions, No. 2, 2007, and further that this court lacks jurisdiction to entertain any appeal based on the incompetent notice of appeal. The application is supported by a 6 paragraphed affidavit.

Attached are two exhibits, “AA” and “BB”. Exhibit “BB” is the registrar’s statement while exhibit…

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