Emmanuel Yisa Orker Jev Anor V. Under Michael Aza & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

Z. A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Benue State National Assembly Election Tribunal Makurdi delivered on the 4th of February, 2008.

Upon reading the records of proceedings of the lower tribunal and the appellant’s brief already filed in this court on the 22/10/2009 ordered that parties address it on the competence of the lower tribunal to have heard and determined the petition.

On 26/10/2009 when the matter came up, Orkumah, counsel for the appellant referred this court to pages 1, 26, 28, 30-90, 91-93 all dated 21/5/2007 of the records paragraph 4 at page 14 and mandatory provisions of Section 141 of the Electoral Act, 2006 as interpreted by this court in several decisions, to the effect that the computation of time includes the day that an election result is declared, the petition should have been filed on or before the 20th May, 2007.

That the petition which was filed on 21st May, 2007 was out of time by a day and was therefore incompetent and should have been struck out. He urged the court to so hold.

Uzzi of counsel for the respondent agrees with the appellant’s submission and further refers to paragraph 4 and 5(2) of the petition to show that results were declared on the 21/4/2007 and also relying on Kumalia Vs. Sheriff (2009) 9 NWLR (Part 1146) 420 urged us to strike out the petition having been filed outside the prescribed time as provided by Section 141 Electoral Act, 2006.

We are satisfied, having closely looked at the record of proceedings, that the election result on which the election petition was based was declared on the 21st April, 2007, the petition filed on the 21st May, 2007 was outside the 30 days contemplated by the provisions of Section 141 of the Electoral Act as interpreted by this court in Kumalia Vs. Sheriff (supra).

In the circumstances, we uphold the submissions of the respective counsels for the two parties in its totality. The petition filed on the 21/5/2007 against the declaration of results of 21/4/2007 by the provisions of Section 141 of the Electoral Act, 2006. The lower tribunal lacks the competence and jurisdiction to have heard and determined the petition. The petition as filed on 21/5/2007 is hereby struck out. The lower tribunal’s decision of 4/2/2008 is a nullity.

There shall be no orders as to costs.

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Other Citation: (2010)LCN/3573(CA)

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