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 …

BOUWE V. ERIJO

BOUWE
V.
ERIJO