(1999) JELR 43804 (CA)    

Court of Appeal  ·  CA/B/36/99 (R) ·  8 Feb 1999 ·  Nigeria
Other Citations
Iloka v. Utomi (1999) 2 NWLR (Pt. 592) 583
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
public holiday
19th january
20th january
decree no.
interpretation act
learned counsel
provisions of section
public holidays
transitional provisions
basic constitutional
grounds of appeal
lead ruling
local government
notice of appeal
abridgement of time
circumstances dictate
competence of the appeal
competence of the petition
concurrence of both parties
constitutional court
election petition
ensuing day
fifth schedule of the local government
filing of his notice of appeal
first paragraph
hearing of an election petition
last day
laws of federation of nigeria
local government council election tribunal
matter sine die
postulation of the learned counsel
procedural enactment
provisions of paragraph
provisions of the court of appeal rules
rights of appeal
ruling of the trial tribunal
statutory provisions
time schedule

SALAMI, J.C.A. (Delivering the Lead Ruling): The petitioner filed a petition in the Local Government Council Election Tribunal sitting in Asaba in Delta State of Nigeria. The respondent took an objection to the competence of the petition which, after argument, was struck out in a reserved and considered ruling of the trial tribunal.

The petitioner was dissatisfied with the ruling and appealed to this court on two grounds of appeal along with a notice of appeal filed on 20th January, 1999. The petitioner brought a motion for departure from the rules and abridgement of time within which to comply with the provisions of the Court of Appeal Rules, Cap. 62 of the Laws of Federation of Nigeria, 1990. The respondent has, once more taken objection to the competence of the appeal by way of motion on notice. The court, with Concurrence of both parties, decided to take the motion on notice challenging its jurisdiction first.

In this connection, learned counsel for the respondent to the appeal su…

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