ANPP & Anor V. INEC & Ors (2008)

LawGlobal-Hub Lead Judgment Report

TIJJANI ABDULLAHI, J.C.A.

This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Owerri, Imo State of Nigeria delivered on the 20th day of September, 2007 – wherein the Tribunal held thus:

“Petitioner is therefore required by paragraph 3 (1) of the Practice Directions, 2007 to make his application within 21 days. He is expected to wait for the Respondents to file a reply he is expected to be vigilant and desirous for a quiet disposal of his petition. That is the spirit and intendment of the Practice Directions, 2007 and paragraph 3 (1) in Particular.”

The application by the Petitioner on 18/07/2007 is therefore made outside the period permitted by paragraph 3 (1). Since the Tribunal by subparagraph 4 lacks the power to extend time for the Petitioner to make the application. It falls for us to dismiss the petition as abandoned in accordance with sub-paragraph 4. The petition is hereby dismissed.”

Dissatisfied with the said decision (supra) the Petitioners (1st and 2nd) approached this Court by filing a Notice of Appeal consisting of two grounds. Devoid of their particulars the two grounds read thus:

GROUND ONE: ERROR IN LAW

The learned Justices of the Governorship and Legislative Houses Election Tribunal holden in Imo State erred in law in dismissing the Appellants’ petition on the ground that the Appellants did not comply with the provisions of paragraph 3 (1) of the Election Tribunals and Courts Practice Directions 2007.

GROUND TWO: ERROR IN LAW

The learned Justices of the Governorship and Legislative Houses Election Tribunal holden in Imo State erred in law when they dismissed the Appellants’ petition on the technical grounds of non- Compliance with the provisions of the Practice Directions 2007 thereby denying the Appellants of their right of fair hearing in the petition.”

RELIEFS SOUGHT FROM THE COURT OF APPEAL

(a) To allow the appeal

(b) To set aside the decision of the Tribunal dismissing the Appellants’ petition.

(c) To remit the petition back for trial on the merit.

It is instructive to observe at this stage that the ruling of the lower Tribunal did not go down well all the disputants as the 1st and 2nd Respondent sought leave of the court for: