(2012) JELR 45964 (SC)    

Supreme Court  ·  SC.154/2012 ·  1 Jun 2012 ·  Nigeria
CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
fair hearing
preliminary objection
national assembly
2nd respondents
4th respondent
election petition
interpretation of section
lead ruling
trial tribunal
3rd respondent
anpp v goni
chief bayo ojo san
dr. onyechi ikpeazu san
1st day of june
acb ltd
appeal court
appellate court
basic obstacle
bode rhodes-vivour
central issue
clear academic exercise
constitutional provision
continuation of hearing
days of the date
devastating effect
exfluxion of time
learned counsel
live issue
mary ukaego peter-odili
matter of fair hearing
mr. oyesanya
nwali sylvester ngwuta
operation of law
powers of the appellate court
previous decisions
principle of fair hearing
provision of section
provisions of other sections of the constitution
right of appeal
sphere of an abuse of court process
status of a petition
suleiman galadima
time expiration of the trial tribunal

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Lead Ruling): This appeal is in the main asking the court to depart from its decision in ANPP v. Goni (supra) and other decisions in its interpretation of section 285 (6) of the Constitution as amended. The 1st and 2nd respondents on one part and the 4th respondent each filed a Preliminary objection and had the arguments embedded in their Briefs of Arguments. The 3rd respondent did not file a preliminary objection, but aligned to the raising of those objections and anchoring on the arguments.

Chief Bayo Ojo SAN for the 1st and 2nd respondents submitted that the appellants are estopped from filing this appeal seeking that their petition be remitted back to the trial tribunal for hearing, the status of a petition after 180 days of the date of it being filed having been conclusively resolved against their interest in ANPP v. Goni (supra).

Dr. Onyechi Ikpeazu SAN for the 4th respondent contended that jurisdiction is a creation of statute and…

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