Prof Steve Torkuma Ugba & Anor V. Gabriel Torwua Suswam & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

REASONS DELIVERED BY UCHECHUKWU ONYEMENAM

The reasons for the judgment I delivered on 18th October, 2011, are herein given.

The grounds upon which the respective respondents raised their preliminary objection are set out hereunder; 1st respondent:

“(a) The Appellants’ Notice of Appeal dated 08/09/2011 and filed on 09/09/2011, relied upon in this appeal, was filed more than 14 (fourteen) days after 19/08/2011 when the ruling complained of in this appeal was delivered and no leave was sought or secured;

(b) The Appeal has become academic since the substantive petition had been dismissed for reasons other than reasons complained of in this appeal;

(c) The Appellants’ brief contravenes paragraph 14 of the Election Tribunal and Court Practice Direction, 2011 and is therefore incompetent;

(d) Grounds 1 and 6 of the Notice of Appeal are incompetent as they are fresh grounds not taken of the Tribunal and no leave of this Court has been obtained to argue some.

(e) Issues 1 and 4 formulated by the Appellants from grounds 1 and 6 are incompetent as they are based on incompetent Grounds of Appeal.

(f) Grounds 3 and 4 are deemed abandoned as no issue is distilled from these grounds. Issue 3 does not cover grounds 3 and 4 respectively.

(g) Ground 1 of the Notice of Appeal is argumentative and has not alleged an error misdirection of law”.

(h) None of the five issues formulated by the Appellants has been linked to any of the seven grounds in the notice of Appeal.

(i) The appeal is on abuse of Court Process as there are two notices of appeal in the appeal that have not been withdrawn or abandoned.”

2nd Respondent:

(a) “Notice of Appeal was filed out of time.