KADIYA
V.
LAR & ORS.

(1983) JELR 46430 (SC)    

Supreme Court  ·  SC.99/1983 ·  25 Nov 1983 ·  Nigeria
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
case
high court
electoral act
1st respondent
reasons
chief judge
election petition
federal court of appeal
mr. kehinde sofola
judgment of the federal court of appeal
learned chief judge
national assembly
30th september
gubernatorial election
learned counsel
plateau state
provisions of section
such power
chief justice
constitution of the federal republic of nigeria
learned chief justice of nigeria
paul unongo
service of the petition
ultra vires
affidavit of alhaji haruna abubakar
arm of government
benue high court case
benue state
chief judge state
court of trial
courts of law
date of service
determining of election petitions
express provisions of the electoral act
first hearing of the election petition
first respondent
high court of the plateau state
judgment of the court
mr. g. o. k. ajayi
national coal board
new panel of the plateau high court
particular record of proceedings
periods of time
powers of the national assembly
present appeal
said provisions
senior advocate mr. kehinde sofola
such respect
view of the law

SOWEMIMO, C.J.N. (Presiding and Delivering the Judgment of the Court): In SC.95/1983, Paul Unongo v. Aper Aku and others delivered this morning, we have stated extensively our reasons for declaring as unconstitutional the periods of time fixed for hearing and determining of Election Petitions before Courts of Law. Reference was made to the provisions of section 4(8), section 33(1) and section 258 of the Constitution of the Federal Republic of Nigeria 1979. I have also agreed with the judgment of the Federal Court of Appeal, Jos in setting aside the preliminary objections. I do not agree with the circumstances on which that Court decided in expressing its helplessness in remitting the case to the High Court, Benue State for it to be tried on the merits.

The helplessness expressed by the Federal Court of Appeal in remitting this present appeal to the High Court, Jos is similar to that expressed in the Benue High Court case and that case was remitted to the High Court for it to be tried …

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