Chief Momoh Yusuf Obaro V. Alhaji Salihu Ohize & Ors (2008)

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JIMI OLUKAYODE BADA, J.C.A. 

The Appellant contested for the Kogi Central Senatorial District election on 21/4/2007 under the platform of the All Nigeria Peoples Party (ANPP) while the 1st Respondent/Applicant did contest under the Action Congress (AC) among other contestants in other political parties. The 1st Respondent was declared the winner whereupon the Appellant presented his petition before the National Assembly/Governorship and Legislative Houses Election Petition Tribunal, hereinafter called “the tribunal”

At the conclusion of hearing the Tribunal in its Judgment delivered on the 8th day of October 2007 held that the Petitioner failed to prove the petition and it was dismissed.

Dissatisfied with the Judgment, the Appellant now appealed to this Court.

The 1st Respondent/Applicant by a notice raised preliminary objection to the hearing of this Appeal and by a Motion on Notice dated 19th day of November 2007 and filed in this Court on 20th day of November 2007 prayed for the following reliefs:-

“(1) An order of this Honourable Court striking out the Appellant/Respondent’s Notice and Grounds of Appeal as it is incompetent, and filed outside the statutory period allowed for appeals in election matters.

(2) And for such order or orders as this Honourable court may deem fit to make in the circumstances.”

The grounds for the relief sought are as follows:-

(1) The Judgment of the trial Tribunal appealed against by the Appellant was delivered on 8th day of October 2007.

(2) The Appellant filed his appeal on the 1st day of November, 2007, twenty-three days after the Judgment was delivered.

(3) By paragraph 1 of the Practice Direction No. 2 of 2002 made pursuant to the Electoral Act 2006, No 2 section 149, the period prescribed for filing an appeal against the Judgment of a Tribunal in an election case is twenty-one days.

(4) The Appellant’s appeal in this case was filed out of time.

(5) The Appellant did not obtain leave to file his appeal out of time.

(6) The appeal having been filed out of time is incompetent.