Congress For Progressive Change Vs Admiral Nyako (2011)

LAWGLOBAL HUB Lead Judgment Report

MAHMUD MOHAMMED, JSC

Pursuant to the provisions of Sections 6(6) and 233(5) of the Constitution of the Federal Republic of Nigeria 1999 and Orders 2 Rules 28(1) and (2) and 31 and Order 6 Rule 10 of the Rules of the Supreme Court, the Applicants by a motion on Notice dated and filed in this Court on 28th April, 2011, sought for the following orders –

“1. An Order granting leave to the interested Parties/Applicants to appeal against the judgment of the Court of Appeal, Abuja Judicial Division delivered in this matter on 15th April, 2011.

Pursuant to (1.) supra An Order granting leave to the interested Parties/Applicants to rely on and make use of their Notice of Appeal attached hereto in the prosecution of this appeal, the proper filing fee having been paid and the said Notice of Appeal having been served on all the parties.

An Order permitting the interested Parties/Applicants to make use of and rely on the record of proceedings of the lower Court already prepared and certified by the said lower Court in 2 Volumes, together with a supplementary record for the purpose of this appeal, the said record of proceedings having been formally brought before this Honourable Court for use for the purpose of this appeal.

An Order of departure from the Rules of this Honourable Court by accelerating the hearing of this appeal and also abridging the time with which parties are to file their respective briefs of argument.

And for such order or orders as the Honourable Court may deem fit to make in the circumstances.”

The grounds of bringing the application include –

I. The lower Court delivered judgment in this matter on 15th April, 2011, affirming the judgment of the trial High Court dated 23rd February, 2011 to the effect that INEC should not conduct Governorship election in Adamawa State at the on-going general election.

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ii. Before the said judgment Applicants have made and are still making elaborate arrangements to participate and contest in the election on the platform of their political party.

iii. By the judgment of the lower Court the interest shown by the Applicants in the said election earlier fixed for 16th April, 2011 but now postponed to 26th April, 2011 has been And is being truncated.

iv. Applicants applied before the lower Court for leave to be joined as parties to the appeal against the judgment of the trial Court but their application was refused on 31st March, 2011.

v. Applicants timeously appealed to this Court against the decision of the lower Court refusing them leave to appeal on 12th April, 2011, but before the appeal could be entered in this Court, the lower delivered its judgment on 15th April, 2011.