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CaseLaw

MPPP Vs. INEC & Ors (2015) CLR 10(d) (SC)

Judgement delivered on October 20th 2015

Brief

  • Jurisdiction
  • Court
  • Election tribunal

Facts

This is an appeal by the appellant, Mega Progressive People's Party, against the judgment of the Court of Appeal, Ibadan Division delivered on the 27th day of August, 2015. In the Court of Appeal, hereinafter called the court below which dismissed the Appellant's appeal and upheld the Ruling of the Governorship Election Tribunal sitting at Abeokuta, Ogun State, chaired by Hon. Justice Henry Olusiyi, herein after referred to as "Trial Court", which delivered its decision on the 10/7/2015. See page 352 of the record of proceedings. The Trial Court held thus:

  • "This petition, having been filed outside the 21 days period prescribed by law, is incompetent and cannot be entertained beyond this stage by this Tribunal as so doing will tantamount to embarking on a wild goose chase and a worthless pursuit". The Chairman of the Tribunal further held that, "the lone issue for determination, as formulated by the Tribunal, is resolved in the affirmative, in favour of all the respondents/applicants. There is considerable merit in each of the applications of the 1st respondent, 2nd respondent and the 3rd and fourth respondents. Each of the applications (sic) succeeds on the ground of limitation of time, and is accordingly granted. The petition coded EFT/GOV/ABK/002/2015, filed on 4/5/2015, is hereby struck out for being incurably incompetent".

Being aggrieved by the decision of the above Tribunal the petitioner/appellant appealed to the Court of Appeal Ibadan Division. The appeal was shown to be completely without merit. The issues raised for determination were all resolved against the appellants, the appeal failed and was dismissed. The Ruling of the Governorship Election Petition Tribunal sitting at Abeokuta, Ogun State, chaired by Hon. Justice Henry A. Olusiyi, J., delivered on July 10, 2015 was hereby affirmed".

Thus, the court below affirmed the decision of the Tribunal which was delivered on July, 2015 by Olusiyi J.

The lead judgment of the court below was prepared and read by Onyekachi Aja Otisi, JCA and unanimously agreed to by other learned Justices on the panel.

The appellant being dissatisfied, again, with the decision of the court below, further appealed to the Supreme Court.

Issues

Whether the Chairman of the trial court, sitting alone, had the jurisdiction to have...

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