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CaseLaw

ANPP V. GONI (2012) CLR 2(e) (SC)

Judgement delivered on 17th day of February, 2012

Brief

  • Court
  • Election Petition
  • Interpretation of Statute
  • Section 6(1) of the Constitution
  • Section 285(5) of the 2011 Constitution
  • Section 285(6) of the 2011 Constitution
  • Section 285(1) of the 2011 Constitution
  • Section 285(2) of the 2011 Constitution
  • Section 246 of the Constitution
  • Section 246(1)(b) of the 1999 Constitution
  • Section 246(1)(c) of the 1999 Constitution
  • Section 285(7) of the 1999 Constitution
  • Section 285(6) of the 1999 Constitution
  • Section 285 of the 1999 Constitution
  • Section 233(3) of the 1999 Constitution
  • Section 235 of the 1999 Constitution
  • Section 134(2) of the Electoral Act, 2010
  • Order 4 Rule 9 of the Court of Appeal Rules, 2011
  • Section 15 of the Court of Appeal Ac
  • Paragraph 18(4) of the 1st schedule to the Electoral Act, 2010 as amended
  • Paragraph 18(5) of the 1st schedule to the Electoral Act, 2010 as amended

Facts

This appeal arose from Gubernatorial Elections held in Borno State on the 26th of April 2011. The Independent National Electoral Commission declared the ANPP candidate the winner of the elections. The PDP candidate lost. He filed a Petition on the 17th of May 2011. The Election Petition Tribunal Holden in Jos dismissed the Petition on the 12th of November 2011 without a hearing on the merits. On appeal, the Court of Appeal allowed the appeal on the 23rd of December 2011 and ordered another Election Tribunal to hear the PDP's petition on the merits.

This appeal concerns the interpretation of Section 285(6) of the constitution.

Issues

Whether the court below was not wrong having regards to the mandatory...

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