Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2008) JELR 43867 (CA)    

Court of Appeal  ·  CA/PH/EPT/509/2007 ·  10 Jul 2008 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
practice directions
2nd respondents
3rd respondent
electoral act
learned counsel
locus standi
appellants' petition
2nd appellant
provisions of paragraph
return of the 3rd respondent
election tribunals
appellants' fundamental right
form cc001
cross appeal
submission of the learned counsel
1st issue
brief of argument
circumstance of the dismissal of the appellants
contention of the learned counsel
facts of the case
independent national electoral commission
intendment of the practice directions
issuance of notice of pre-hearing session
learned judges of the governorship
learned justices of the governorship
legislative houses election petition tribunal
legislative houses election tribunal holden
notice of cross-appeal
questioned election
20th day of september
2nd respondent
appellants of their right of fair hearing
candidate of the 1st appellant
court of appeal
courts practice directions
imo state of nigeria
nigeria peoples party
notice of appeal
quiet disposal of his petition
ruling of the lower tribunal
said application
said decision
said preliminary objection of the cross-appellants

TIJJANI ABDULLAHI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Owerri, Imo State of Nigeria delivered on the 20th day of September, 2007 wherein the Tribunal held thus:

"Petitioner is therefore required by paragraph 3(1) of the Practice Directions, 2007 to make his application within 21 days. He is expected to wait for the Respondents to file a reply he is expected to be vigilant and desirous for a quiet disposal of his petition. That is the spirit and intendment of the Practice Directions, 2007 and paragraph 3(1) in Particular."

The application by the Petitioner on 18/07/2007 is therefore made outside the period permitted by paragraph 3(1). Since the Tribunal by subparagraph 4 lacks the power to extend time for the Petitioner to make the application. It falls for us to dismiss the petition as abandoned in accordance with sub-paragraph 4. The petition is hereby dismissed."

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