Tabura Omotayo Saliu V. Muideen Adeniyi Adesanya & Ors (1999)

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PATS-ACHOLONU, J.C.A.

The issue raised in this appeal is the same as the issue or question that was considered in the case of Soulabiu O. Balogun v. Kehinde Odumosu and 2 Ors CA/L/ET/2/99: (1999) 2 NWLR (P1.592) 590 an election petition case, The point to be determined there is whether Saturday is a Public holiday which by its nature would make it impossible to file an action on that date in the registry of Election Tribunal. In a considered judgment this court held that Saturday is not a Public holiday and section 82 of the Local Government (Basic Constitutional Transitional Provision) Decree No. 36 1998 is meant to be construed strictly and not liberally as by the terms of the total provision of the enactment time is of the essence. The message sent is that the dictates of Public holiday policy would not admit or the leisure of extension of time or failure to file a process before the time schedule expires.

In this case the appeal was filed on 21/12/98 when the last date fell on 19/12/98. It is not within the contemplation of the Decree to add extra date to the date of termination of doing an act to accommodate a sleeping party. Section 82 of the Decree is intended to be strictly construed. Failure to file a process on an earlier date is fatal to the case of the appellant.

In the final result the appeal fails and is dismissed with costs assessed of N3000.00.

Other Citations: (1999)LCN/0562(CA)