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YAKI & ANOR
V.
BAGUDU & ORS

(2015) JELR 3438 (SC)

Supreme Court 13 Nov 2015 Nigeria
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- The appeal arose from the dismissal of the appellants’ election petition by the Kebbi State Governorship Election Petition Tribunal for failure to comply with Paragraph 18(1) of the 1st Schedule to the Electoral Act, 2010 (as amended), wh

Case Details

Suit Number:SC.722/2015
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Counsel:Henry Michael-Ihunde, Esq with him Messrs I. Mohammed, B.B.Orpin, B.onamusi,D.M.Cephas, I.M Oluwasina (Mrs), S.E.Tobi (Miss), Keffas Gadzama, D.I. Onyekwere, C.U.Onyedima (Miss) and M.S. Yusuf (Miss) For Appellants Ricky Tarfa SAN with him, Messrs Y.C.Maiyaku, SAN, J.O. Odubela, J.O. Joladowo, K.U.Uwagbode, M.A. Osigwe, N.Obasi-Obi,T.A.Rapu and M.Adelodun-For 1st Respondent A.J. Owonikoko, SAN with him, Lagolo D.Lagolo For 2nd Respondent/Cross Appellant S.O.Ibrahim with him, Messrs A. Sani and I.S.Mohammed, Akinyosoye Arosanyi, Jude D.Odey and C.S.Ogba For 3rd Respondent Appearances Henry Michael-Ihunde Esq. for Appellants, with him Messrs I. Mohammed, B.B. Orpin, B. Onamusi, D.M. Cephas, I.M. Oluwasina (Mrs), S.E. Tobi (Miss), Keffas Gadzama, D.I. Onyekwere, C.U. Onyedim (Miss), M.S. Yusuf (Miss) For Appellant AND Ricky Tarfa, SAN for 1st Respondent with him Messrs. Y.C. Maikyau, SAN; J.O. Odubela, O. Jolaawo, K.U. Uwagbode, M.A. Osigwe, N. Obasi-Obi, T.A. Rapu and M. Adelodun A.J. Owonikoko, SAN for 2nd Respondent/Cross-Appellant with him Lagalo D. Lagalo S.O. Ibrahim for 3rd Respondent with him Messrs A. Sani, I.S. Mohammed, Akinyosoye Arosaonyi, Jude D. Odi, Ogba C.S. For Respondent
Other Citations:(2015) 18 NWLR (Pt. 1491) 288, (2015) JELR 56664 (SC), (2015) JELR 73971 (SC)

NWALI SYLVESTER NGWUTA, JSC (REASONS FOR JUDGMENT):

This appeal involves the consequence of failure to comply with the provisions of Paragraph 18(1) of the 1st Schedule to the Electoral Act, 2010 as amended. It provides:

"Para. 18(1):

Within 7 days after the filing and service of the petitioner's reply as the respondent or 7 days after the filing and service of the respondent's reply, as the case may be, the petitioner shall apply for the issuance of pre-hearing notice as in Form TF 008."

It is not in dispute that the last date for the appellants as petitioners to apply for the issuance of the pre-hearing notice was the 7th day of June, 2015 nor is it in doubt that the appellants actually filed the application for the issuance of the pre-hearing notice on 8/6/2015. Paragraph 18(3) gives the respondent a choice in case of failure by the petitioner to comply with Paragraph 18(1), between bringing the application for the issuance of pre-hearing notice or a motion on notice for an order dismi…

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