Ratio Decidendi



FALAE
V.
OBASANJO & ORS

(1999) JELR 43899 (CA)    

Court of Appeal  ·  CA/A/EPPR/12/99(R) ·  1 Apr 1999 ·  Nigeria
 · 
Other Citations
FALAE v. OBASANJO [1999] 6 NWLR (Pt.606)435
Falae v. Obasanjo (1999) 6 NWLR (Pt. 606) 283
CORAM
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
application
court
jurisdiction
paragraph
schedule
counsel
days
decree no.6
situation
african charter
election petition
order
actual hearing of the petition
brother mukhtar
lead ruling
matter
presidential election
time frame
attainment of justice
basic constitutional
clear provisions of the law
colleague mukhtar
conclusion
determination of his petition
dispassionate consideration of the said paragraph
dr. kusamotu
extensive argument
fair hearing
full hearing of the matter
full ventilation of the case of parties
hearing of an election petition
important matters
interlocutory matters
laws of the federation of nigeria
mukhtar
peoples rights
privilege
privilege of reading
purpose of future legislation
reason
right of the petitioner
rules of the federal high court
said decree
said rules of the federal high court
subject matter
substantive proceeding
such number of days
transitional provisions
unqualified concurrence
word of the aforesaid section

MUKHTAR, JCA (Delivering the Lead Ruling): The application before this court is brought pursuant to paragraph 44(1) of Schedule 4 to the Presidential Election (Basic Constitutional and Transitional Provisions) Decree No.6 of 1999 and articles 3 and 7(1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap 10 Laws of the Federation of Nigeria.

The application is supported by an affidavit. The application is for an order enlarging the time within which to conduct the substantive proceeding in this election petition by such number of days beyond the 21 days provided for in paragraph 2(1) of Schedule 4 to Decree NO.6 of 1999 as the court may consider necessary having regard to the right of the petitioner to expeditious and fair hearing in the determination of his petition on the merit and the right of the respondents to proffer their defence to the petition.

Dr. Kusamotu, of counsel for the applicant presented extensive argument on the need to grant…

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