AFIA & ANOR.
V.
CHARLIE & ORS.

(2011) JELR 49248 (CA)

Court of Appeal · CA/C/NAEA/222/2011 · 13 Oct 2011 · Nigeria

CORAM

UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

petition

court

2nd respondents

jurisdiction

26th april

1st respondent

18th may

date of declaration of result

electoral act

learned counsel

day

3rd respondent

election petition

judgment of the tribunal

petitioner

view

instant case

onna state constituency

uzo i. ndukwe-anyanwu

winner of the election

1st appellant

circumstances of this case

complete agreement

considered judgment

constitutional requirement

declaration of result form ec8e

democratic party

ejembi eko

exercise of jurisdiction

following facts

forms ec

forms ec 8e

hon. tribunal

issue f

issues

joseph tine tur

leading judgment

main issue

petition serve

present case

qualifications of the members of the bench

rebuttable presumption

result of an election

return of the 1st respondent

subject matter of the case

such cases

time limit

trial of the case

vide forms ec 8e

UZO I. NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This is on appeal against the judgment of the Tribunal holding at Uyo Akwa Ibom delivered on the 16th August, 2011. The Appellant was the Petitioner at the Tribunal. The 1st Respondent contested with the 1st Appellant for the Onna State Constituency. The 1st Respondent was returned as the winner of the election held on 26th April, 2011.

Being dissatisfied, the Appellant as petitioner presented his petition on 18th May, 2011 challenging the return of the 1st Respondent.

The learned counsel to the 1st and 2nd Respondents filed a notice of Preliminary objection on 27th July, 2011. The preliminary objection was that

1. " the petition was incompetent having been filed outside the period stipulated the by S. 134(1) of Electoral of Act 2010 ( as amended).

2. that this Hon. Tribunal lacks jurisdiction to entertain the petition serve having been filed in contravention of S. 84 (1) of the Electoral Act 2010 (as amended)."

In a consi…

AFIA & ANOR. V. CHARLIE & ORS.

AFIA & ANOR.
V.
CHARLIE & ORS.