Mega Progressive Peoples Party V. Independent National Electoral Commission & Ors (2015)

LAWGLOBAL HUB Lead Judgment Report

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, J.S.C.

This is an appeal by the appellant, Mega Progressive People’s Party, against the judgment of the Court of Appeal, Ibadan Division delivered on the 27th day of August, 2015. In the Court of Appeal, hereinafter called the court below which dismissed the Appellant’s appeal and upheld the Ruling of the Governorship Election Tribunal sitting at Abeokuta, Ogun State, chaired by Hon. Justice Henry Olusiyi, herein after referred to as “Trial Court”, which delivered its decision on the 10/7/2015. See page 352 of the record of proceedings.

The Trial Court held thus:

“This petition, having been filed outside the 21 days period prescribed by law, is incompetent and cannot be entertained beyond this stage by this Tribunal as so doing will tantamount to embarking on a wild goose chase and a worthless pursuit”. The Chairman of the Tribunal further held that, “the lone issue for determination, as formulated by the Tribunal, is resolved in the affirmative, in favour of all the respondents/applicants. There is considerable merit in each of the applications of the 1st respondent, 2nd respondent and the 3rd

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and fourth respondents. Each of the applications (sic) succeeds on the ground of limitation of time, and is accordingly granted. The petition coded EPT/GOV/ABK/002/2015, filed on 4/5/2015, is hereby struck out for being incurably incompetent”.

Being aggrieved by the decision of the above Tribunal the petitioner/appellant appealed to the Court of Appeal Ibadan Division on the following seven grounds of appeal. They are hereby reproduced without their particulars:-

GROUND ONE

The trial tribunal erred in law when it heard and determined in limine the respondents’ objective to the appellants petition, having regards to the provisions of paragraph 12(5) of the First Schedule of the Electoral Act, 2010, (as amended) by Section 38 (c) of the Electoral (amended) Act 2010.

GROUND TWO

The Governorship Election Petition Tribunal in Ogun State misdirected itself when it chose not to give priority to the latest amendment of the First Schedule to the Electoral Act, 2010 (as amended).

GROUND THREE

The Governorship Election Petition Tribunal erred in law by not allowing the petition to go on full trial in spite of the contention on the

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