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BALOGUN
V.
ODUMOSU & ORS

(1999) JELR 43662 (CA)

Court of Appeal 5 Mar 1999 Nigeria
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- The appellant filed a petition against the declaration that the 1st respondent won a local government election. - The 1st respondent raised a preliminary objection that the petition was filed out of time. - The tribunal held that the peti

Case Details

Suit Number:CA/L/ET/2/99
Judges:ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Counsel:B.A.M. Fashanu For Appellant P.O. Ige For Respondent
Other Citations:Balogun v. Odumosu (1999) 2 NWLR (Pt. 592)

PATS-ACHOLONU, JCA (Delivering the Leading Judgment): In this case the appellant as petitioner had filed a petition on 20/12/98 against the declaration by the 2nd and 3rd respondents that the 1st respondent won the Local Government Election for councillorship for Odoragunshiu Ward in Epe Local Government. The 1st respondent raised a preliminary objection on the ground that the petition was filed out of time-clear 2 days after last date it would have been filed. The petitioner sought to convince the Election Tribunal that the 14 days prescribed by section 82 of Local Government (Basic Constitutional and Transitional Provisions) Decree No. 36 of 1998 terminated on a Saturday 19/12/98 while the petition was filed on Monday, 21/12/98, In its judgment the tribunal held as follows:

"The question is when did the 14 days (fourteen days) of grace start and when did it end. By virtue of the provision of section 15(2)(a) of the Interpretation Act, the day of the election is excluded. The reckoni…

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