Disable Preloader

CaseLaw

Balogun V. Odumosu (1999) CLR 2(aa) (CA)

Brief

  • Public holiday
  • Election petition

Facts

In this case the appellant as petitioner had filed a petition on 20/12/98 against the declaration by the 2nd and 3rd respondents that the 1st respondent won the Local Government Election for councillorship for Odoragunshiu Ward in Epe Local Government. The 1st respondent raised a preliminary objection on the ground that the petition on the ground that the petition was filed out of time-clear 2 days after last date it would have been filed. The petitioned sougth to convinced the Election Tribunal that the 14 days prescribed by section 82 of Local Government (Basic Constitutional and transitional Provisions) Decree No.36 of 1998 terminated on a Saturday 19/12/98 while the petition was filed on Monday, 21/12/98. In its judgement the tribunal held as follows:

  • "The question is when did the 14 days (fourteen days) of grace start and when did it end. By virtue of the provision of section 15(2)(a)of the Interpretation Act, the day of the election is excluded. The reckoning therefore starts on Sunday. This is also the case by virtue of the provision of section 15(4) of the Interpretation Act which exempts public holidays from a duration of more than 6 days that since the days allowed are more than 6 days therefore, Sundays and public holidays are inclusive except the period terminates on a holiday, (that is Sunday or a declared public holiday) from the above it would appear that the computation of 14 days under section 82 of the Decree started on Sunday 6th December, 1998 to terminate on Sunday 19th December, 1998. Failure to file the petition on the 19th December 1998 is therefore fatal to the petition."

The appellant was aggrieved and he appealed to the Court of Appeal which was constituted as the constitutional court for the hearing of Appeals from an Election Tribunal.

Issues

Whether the appellant filed his election petition within the time permitted by...

Read More