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PDP. v.KWARA STATE INDEPENDENT ELECTORAL COMMISSION & ORS

(2005) JELR 45187 (CA)

Court of Appeal 29 Jun 2005 Nigeria
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Case Details

Suit Number:CA/IL/31/04
Judges:MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Counsel:K. Olatoke, Esq., (with him, W. Ismail, Esq. and S. T. Abubakar, Esq.) For Appellant M. Gafar, Esq. B. F. Lawal, Esq. For Respondent
Other Citations:P.D.P. v. K.S.I.E.C. (2006) 3 NWLR (Pt.968)565

IKONGBEH, J.C.A. (Delivering the Leading Judgment)

Introduction

The appellant, the Peoples Democratic Party (P.D.P.), has two appeals before us. The first notice of appeal, filed on 13/09/04, challenges the ruling of the High Court of Kwara State, sitting at Ilorin, in its appellate jurisdiction. The ruling was delivered on 07/09/04. By it the lower court, against stiff opposition from the appellant, granted extension of time to the 5th respondent herein within which to appeal to it from the ruling of the Kwara State Local Government Election Tribunal. In the ruling, it overruled the objection by the appellant to its jurisdiction, holding that it had jurisdiction to entertain the appeal already filed by the 1st - 4th respondents and the one it granted extension of time to the 5th respondent to file.

The notice of appeal, filed on the same day, i.e., 13/09/04, challenges the final judgment of the court in the substantive appeal. The judgment was delivered on 10/09/04. In it, the court …

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