Mr. Hilliard Etagbo Ettah & Anor V. Eyo Uduak Akiba (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Tribunal sitting in Calabar. The appellant was the Petitioner at the Tribunal. The appellant contested the election on 26th April into the House of Assembly for Calabar Municipality. The 1st Respondent was the candidate of PDP and was returned as the winner.

The Appellant was dissatisfied and presented a Petition on 17th May, 2011. The Tribunal struck out the Petition. However, the court of Appeal on 22nd September, 2011 sent back the petition to be heard on the merit. The Petition was for the second time dismissed again, this time for lack of jurisdiction.

On the 14th of November, 2011, the Petition became statute barred by effusion of time. The life of the Petition expired on midnight 12th November, 2011.

The Appellant again appealed to this court. The Appellant filed his notice and one ground of appeal. This lone ground of appeal was couched thus:

“The trial Tribunal breached the right of fair hearing of the appellants when the Tribunal adjourned further hearing of the petition beyond the time constitutionally guaranteed for the hearing of the Petition”.

The Appellant articulated only a sole issue for determination as follows:

“whether the right to fair hearing of the Appellants was not breached when the trial Tribunal at the close of the cases of the parties; adjourned the hearing of the Petition beyond the time allowed by the Constitution of the F.R.N 1999 (as Amended)”

The Appellant urged the court to consider the following question in considering the Appellant’s case (a) Was the 1st Respondent sponsored by a Political Party.

(b) Was conducted with the struck compliance to the provisions of the Electoral Act 2010 as amended.

(c) Are allegations of crime are severable in election petition.

The appellant has prayed the court to consider the above questions in considering the Appellant’s case. These to my mind are extraneous issue to the issue as formulated by the Appellant himself.

The sole issue is based on the jurisdiction of the Tribunal when it delivered its judgment on the 14th November, 2011.

The Petition was presented by the Appellant on 17th May, 2011.