Hon. Ayo Adeseun & Anor V. Chief Luqman Oyebisi Ilaka & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the National and State Houses of Assembly Election Petition Tribunal Holden at Ibadan, Oyo State of Nigeria in Petition No.: EPT/OY/NA/2/2011 CORAM: Hon. Justice F. C. Nwizu (Chairman), Hon. Justice A. O. Ajileye (member) and Hon. Justice Kadi M. M. Alkali (member) delivered on the 12th July 2011. The Notice of Appeal which is contained at pages 220-222 of the Record of Appeal was filed by the dissatisfied Appellants who were Respondents in the tribunal below on the 13th July 2011 and the said Notice of Appeal consists of three grounds of Appeal with attendant particulars which are reproduced below –

GROUND (i) – The Lower Tribunal erred in law when all the three members of the Tribunal jointly heard and delivered Ruling on the application of the Petitioners/Respondents to amend the petition and statement on oath dated 1st July, 2011.

PARTICULARS

(a) Under the Electoral Act 2010 as amended only the Chairman has the power and jurisdiction to hear and determine interlocutory applications.

(b) That three members heard and determined the Petitioners’ application to amend the Petition.

GROUND (ii) – The Lower Tribunal erred in law and acted without Jurisdiction when it heard and determined the petitioner’s application dated 1st July, 2011.

PARTICUTARS

(a) Under the Electoral Act 2010 all motions must be heard and determined at the pre-trial conference except in special circumstances with leave of Court or Tribunal.

(b) The said application was heard outside the pre-trial conference and without leave of Tribunal first sought and obtained.

GROUND (iii) – The Lower Tribunal erred in law when it amended paragraph 32(iii) and 37(iii) of the petition and 10th witness statement on oath respectively.

PARTICULARS

(a) The Tribunal has no power to amend , any of the Reliefs or prayers in the petition after the expiration of time within which to file the petition.

(b) The Tribunal has no power to amend a statement on oath which is evidence.