YUSUFU
V.
OBASANJO

(2003) JELR 57639 (CA)    

Court of Appeal  ·  CA/A/EP/1/M2/03 ·  5 Jun 2003 ·  Nigeria
 · 
Other Citations
Yusufu v. Obasanjo (2003) 15 NWLR (Pt. 843) 293
Yusufu v. Obasanjo (2003) 16 NWLR (Pt. 847) 532
CORAM
GEORGE ADESOLA OGUNTADE, JCA MAHMUD MOHAMMED, JCA SYLVESTER ADIEWERE NSOFOR, JCA FRANCIS FEDODE TABAI, JCA
Core Terms Beta
paragraph
petition
section
election petition
prayer
petitioner
amendment
sub-paragraph
word
amended petition
corporate nigeria
end of sub-paragraph
expiry of the time
original election petition
57th respondent
lead ruling
provisions of sub-paragraph
1st respondent
anaemic petition
first schedule of the electoral act no.
heading of paragraph
provisions of paragraph
requirement of sub-paragraph
1st april
1st petitioner
2nd day of may
4th march
changin g th e
civil cases
day of 24th march
different reliefs
end newspaper reports
financiers of the 1st respondent
following sentence
grant of an amendment
leading member of the arewa consultative forum
list of respondents
material amendment
north east
north west
number of voters
particulars of the relevant portions of these newspapers
present sub-paragraph
proposed amended petition
relevant provision of the law
rules of our various high courts
substantial amendment
substantial whileothers
view of the fact

ABDULLAHI, PCA (Delivering the Lead Ruling): The petitioner on 2nd day of May, 2003, filed his petition. On the 21st day of May, 2003, he filed an application for leave to amend the petition even though he was still within time for presenting the petition. The applicant is asking for nineteen different reliefs in his application for amendment, some of which are substantial whileothers are fairly routine. The reliefs asking for substantial or material amendment cannot be granted in view of the fact that they would have the effect of energizing the petition in certain respect.

At this stage, no application for amendment which is capable of giving life to an otherwise anaemic petition can be entertained. Paragraph 14(2) of the first schedule of the Electoral Act No. 4 of 2002 is pertinent. It provides thus:- 14(2) After the expiry of the time limited by -

Section 154 of this Act for presenting the election petition, no amendment shall be made: introducing any of the requirement of sub-pa…

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