Compulaw - 1st Indigenous Digital Law Library

Brief

Academic suit.
Right to fair hearing.
Joinder of issues.
Waiver – principle of
Waive – meaning of
Section 34 of the Electoral Act, 2006
Section 22 of the Supreme Court Act.
Section 178 of the 1999 Constitution
Section 180 of the 1999 Constitution
Section 305 of the 1999 Constitution
Sections 178(2) of the 1999 Constitution
Sections 180 (2) of the 1999 Constitution
Section 36(1) of the 1999 Constitution

Facts

The appellant herein as plaintiff commenced a suit at the Federal High Court by way of an Originating Summons to determine:Whether having regard to Sub-section 178(2) and 180(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) the 1st Defendant can legally conduct governorship election in Adamawa State on Saturday, 28th February 2015.

However, the appellant’s suit was dismissed. Hence, an appeal to the Court of Appeal which was also dismissed.

A preliminary objection was filed challenging the appellant's brief filed without NBA seal affixed thereto. The appellant filed a motion seeking an order of Court extending the time within which he may regularize his notice of appeal filed without affixing the NBA seal. He sought for time also to regularize his appellant's brief and a deeming order of the documents as properly filed.

The lower Court struck out the appeal on the ground that there was no NBA seal affixed to the notice of appeal and appellant's brief of argument.

Dissatisfied, the appellant appealed to the Apex Court.

Issues

Whether the refusal of the Court below to hear the appellant's motion to...

Dr. Ardo V. INEC & 5 Ors (2017) CLR 3(b) (SC)

Judgement delivered on March 10th 2017

Brief

Facts

Issues