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CaseLaw

ANPP Vs. Albishir (2010) CLR 2(i) (SC

Judgement delivered on February 19th 2010

Brief

  • - Application for extension of time to appeal
  • Grounds of appeal
  • Appeal out of time

Facts

This appeal challenges the propriety of the order made by the Court of Appeal, Jos (hereinafter referred to as 'the Court below') on 8-04-09. The 1st Respondent before this Court Senator Usman Albishir was the Appellant before the Court below where he sought three principal reliefs which read:

  • 1
    "An order extending the time within which to seek leave to appeal against the ruling of Hon. Justice Adamu Hobon of the Federal High Court, Maiduguri in suit No. FHC/MG/CS/08/07 between Senator Usman Albishir v. Independent National Electoral Commission (INEC) & Anor, which said Ruling was delivered on 21st February 2007.
  • 2
    An order granting leave to the Appellant to appeal against the ruling of Hon. Justice Adamu Hobon of the Federal High Court. Maiduguri in suit No. FHC/MG/CS/08/07 between Senator Usman Albishir v. Independent National Electoral Commission (INEC) & Anor, which said Ruling was delivered on 21st February 2007.
  • 3
    An order extending the time within which to appeal against the ruling of Hon. Justice Adamu Hobon of the Federal High Court, Maiduguri in suit No. FHC/MG/CS/08/07 between Senator Usman Albishir v. Independent National Electoral Commission (INEC) & Anor which said Ruling was delivered on 21st February, 2007."

In the concluding paragraph of the ruling granting the application, the Court below at page 59 of the record said:

"This application having duly satisfied both conditions of Order 7 rule 10(2) of the Rules of this Court, I have no hesitation in granting it which in my opinion is meritorious. Time is hereby enlarged within which the Applicant is to appeal against the Ruling of the Federal High Court Maiduguri delivered on 21st February. 2007, Applicant has seven days (7) from today to file his Notice of Appeal."

The Appellant, All Nigerian Peoples Party was dissatisfied with the ruling of the Court below.

Issues

Whether the decision of the lower Court in granting extension of time to the 1st...

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