Bauchi State Government (For Itself And On Behalf Of The 20 Local Govt. Areas Of The State) V. National Population Commission (Npc) & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDULKADIR, J.C.A. (Delivering the Leading Judgment)

The Appellant herein, was the Petitioner/Applicant in a petition brought before the Census Tribunal, sitting at Abuja, wherein the Appellant, by way of a Motion on Notice filed on the 30th of October 2009, prayed the Honourable Tribunal for the following orders:

1) AN ORDER extending time within which the Applicant/Petitioner may present its petition against the conduct of the 2006 census exercise.

2) AND FOR SUCH ORDERS or such further or other orders as this Honourable Tribunal may deem fit to make in the circumstances.

The petition was supported by a four paragraphed affidavit, deposed to by one Maureen Odezugo, a litigation secretary in the law firm of M.M. Nuruddeen & Co., Counsel to the Petitioner/Applicant. A written Address in support of the motion was also filed on the 9th of December 2009 wherein it was contended for the Appellant that in an application of this nature, the Applicant is required to show good reasons for the delay. The pertinent paragraph of the Affidavit is Paragraph 3, wherein it was deposed as follows:

“3.That I was informed by Barrister Y.B. Kirfi, Honourable Attorney General and Commissioner of Justice, Bauchi State, at our chambers on 17-10-2009 at around 5:30 pm and I verily believe him as follows:

A) That the Applicant/Petitioner could not file its petition within time because it could not complete its investigation into the conduct of the census exercise.

B) That the Applicant/Petitioner had to send investigation teams into every nook and cranny of the State and these are largely inaccessible.

C) That from the investigation carried out, most of the rural areas were not even visited by the census officials.

D) That the investigation also revealed that there was a dire shortage of FORM NPC1 throughout the State.

E) That accordingly the census result declared for the State and its local governments was not and could not have been correct.

F) That the Applicant/Petitioner is ready to present good and arguable petition before this Honourable Tribunal on its own behalf and on behalf of the 20 local government areas of the State.

G) That the Respondent will not be prejudiced if this application is granted.

H) That it will be in the interest of justice to grant this application.