BOUWE
V.
ERIJO

(2004) JELR 51203 (CA)    

Court of Appeal  ·  CA/B/176/2003 ·  5 Apr 2004 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD JCA (Presided) AMINA ADAMU AUGIE JCA NWALI SYLVESTER NGWUTA JCA (Read the Lead Ruling)
Core Terms Beta
court
counsel
application
cross-appeal
respondent’s notice
notice
electoral act
1st schedule
respondent
supreme court
extension of time
mr. cotoye
notice of appeal
practice direction
1st appellant
chambers of messrs. abdullahi ibrahim
court of appeal rules
ngwuta jca
senior counsel
subject matter
adebowale i. aderogba esq
election petition
notice of preliminary objection
paragraph affidavit
record of appeal
support of the application
abuse of the process of this honourable court
alhaji abdullahi ibrahim san
anambra state
aspect of the local government election
clear case of abuse of the process
copy of the notice of cross-appeal
copy of the proposed cross-appellant
decision of the election tribunal
elected person
following reliefs
good reason
grounds of appeal
honourable court lacks jurisdiction
important legal issues
industry of both learned counsel
judgment of the lower tribunal
mr. cotoye’s arguments
oral argument
practice direction no.
rules of the court
said paragraph
such earlier decisions
support of the grounds of preliminary objection

NGWUTA JCA (Delivering the Lead Ruling): This is a motion on notice brought pursuant to Order 3, rule 4(1)& (2) of the Court of Appeal Rules. The applicant prays the court for the following reliefs: “1. An order extending the time within which the petitioner/ respondent can file a cross-appeal in this matter. 2. An order dispensing with the need to attach the judgment of the lower Tribunal to this application, record of appeal having been entered before this court.” In support of the application is a 12 paragraph affidavit deposed to by Adebowale I. Aderogba Esq., a counsel in the chambers of Messrs. Abdullahi Ibrahim and Co. the firm representing the applicant. Exhibited to the affidavit and referred to as exhibit A in paragraph 9 is a copy of the notice of cross-appeal which the applicant seeks to file out of time. Learned counsel for the 1st appellant/respondent filed a notice of preliminary objection, based on the grounds that:

“1. This Honourable Court lacks jurisdiction to …

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