Alonge Segun V. Mr. Adams Kayode O. & Ors (2008)

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MARY U. PETER-ODILI, J. C. A.

This is an Appeal by the Appellant (who was the petitioner at the National Assembly/Governorship and Legislative Houses Electoral Petition Tribunal sitting at lokoja) against the decision of the National Assembly/Governorship and Legislative Houses Electoral Petition Tribunal sitting at Lokoja as contained in the judgment delivered on 23rd day of July 2007 in petition NO: NAGLH/KG35/2007: ALONGE SEGUN v. Adams KAYODE AND 3 ORS, where it was held that the Tribunal lacks competence to entertain the petition. The Appeal filed by the Appellant is seeking essentially that the election of 1st Respondent, Adams O. Kayode is void and an order for fresh election in Ijumu Constituency of the State House of Assembly, Kogi State. The ruling was entered for the 1st Respondent.

Being dissatisfied with the decision of the Tribunal as contained, in the said judgment, the Appellant has initiated an Appeal by virtue of a Notice of Appeal dated and filed on 13th day of August 2007 containing 3 grounds of Appeal against the judgment of the trial Tribunal.

STATEMENT OF FACTS

The Appellant in the Tribunal below filed a petition and the prayers therein were:-

(i) That the election of the 1st Respondent, Adams O. Kayode is void.

(ii) An Order for fresh election into the Ijumu Constituency of Kogi State House of Assembly

The 1st Respondent filed on receipt of the petition with leave of the court for an Order of enlargement of time within which to file and serve the 1st Respondent’s reply to the petition out of time dated 4th July and filed on 5th July 2007 which was moved on 1th day of July 2007 and granted despite opposition from the petition’s counsel.

The 1st Respondent together with his motion for enlargement of time filed a preliminary objection dated 4th July and filed on 5th July 2007.

The petitioner applied for pre-hearing dated 28th June 2007 and filed on 29th June 2007. The petitioner on receipt of the preliminary objection filed by the 1st Respondent filed 3 counter affidavit dated 11th day of July and filed the same day in response to the preliminary objection.

The 1st Respondent on 17th day of July was allowed by the Tribunal to move his application on preliminary objection praying the Tribunal for the following:-

(i) That the petition was presented after the expiration of the thirty (30) days period prescribed by section

141 of the Electoral Act 2006 (as amended) for the presentation of an election petition under the Act.

(ii) Non-compliance with paragraph 4(1) (a) and 4(4) of the first schedule to the Electoral Act 2006.