Sen. Mohammed Abdulsalami Ohiare & Anor V. Ogembe Salau Ahmed & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH EYO EKANEM, J.C.A. (Delivering the Lead Ruling)

By a motion on notice dated and filed on 26/1/2016, the applicants seek the following reliefs.

“An order enlarging time within which the Applicant can apply to set aside the judgment and consequential orders made by this Hon. Court on the 2nd day of December, 2015 in APPEAL NO: CA/A/EPT/617/2015 Between OGEMBE SALAU AHMED AND ANOR V. SEN. MOHAMMED ABDULSALAMI AHMED AND ORS, same having been made without jurisdiction,

2. AN ORDER of this Hon. Court setting aside the judgment and the consequential orders made by this Hon Court on the 2nd day of December, 2015 in APPEAL NO. CA/A/EPT/617/2015 between OGEMBE SALAU AHMED AND ANOR. V. SEN MOHAMMED ABDULSALAMI AHMED AND ORS having been made without jurisdiction.”

The grounds for the application are as follows.

“a. This Hon. Court on the 2nd day of December 2015 nullified the election and return of the 1st applicant as a Senator, representing Kogi Central Senatorial District in the National Assembly on the ground of improper conduct or no conduct of the primary

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election of the 2nd applicant, a ground totally outside the competence and jurisdiction of this Hon Court.

b. The judgment and consequential orders made by this Ho. Court on the 2nd December 2011 in APPEAL NO. CA/A/EPT/617/2015, OGEMBE SALAU AHMED AND ANOR V. SEN. MOHAMMED ABUDULSALAMI AHMED AND ORS were made without jurisdiction and therefore null and void.

c. This Hon. Court has the jurisdiction and powers pursuant to S.6)6) (b) of the 1999 Constitution of the Federal Republic of Nigeria as amended , read together with Order 7 Rule 12 of the Court of Appeal Rules 2011 to set aside its judgment and orders made without jurisdiction upon application by persons affected thereby.

d. The judgment and consequential orders made by this Hon.?Court on the 2nd December 2015, in APPEAL NO: CA/A/EPT/617/2015. OGEMBE SALAU AHMED AND ANOR V. SEN. MOHAMMED ABDULSALAMI AHMED AND ORS fundamental affect the applicants who have had their election and return nullified by orders made without jurisdiction and who are being subjected to another avoidable election for no justifiable grounds outside the null and void

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orders of 2nd December 2015.

e. This application was not brought and filed within 10 days from the date of the judgment as required by the provisions of the Rules of this Ho. Court because applicants tried unsuccessfully to obtain the judgment of this Hon. Court in this appeal to no avail within the prescribed 10 days, hence the prayer for extension of time.

f. The failure to apply within the prescribed (period was due to the fact that at the time the judgment of this Hon. Court was certified and released to the applicants 10 days period has passed and the grant of this application is in the interest of justice and public policy more so that the judgment of 2nd December 2015 was delivered without jurisdiction.”