CaseLaw
NDP Vs. INEC (2012) CLR 12(L) (SC)
Judgement delivered on December 14th 2012
Brief
Facts
The appellant is a registered political party in Nigeria and the respondent is the Commission established to organise and conduct elections into various offices in Nigeria.
Pursuant to its statutory powers, INEC issued the time table of activities for 2011 General Elections dated 7th September, 2010 (Exhibit P1) and on the 23rd November, 2010, the respondent issued another time table of activities for the 2011 General Elections (Exhibit P8) which it maintained, superseded the first one.
The appellant claimed that it had taken steps to conduct a tentative primary based on the first time table of activities issued by the respondent and then commenced an action at the High Court of the Federal Capital Territory against the respondent seeking the determination of seven (7) questions by the court.
The respondent filed its counter affidavit on 18/27/2011 with the leave of court. Along with the counter affidavit was the respondent's written address. The appellant later filed a reply to the counter affidavit and a reply to the defendant's written address.
In its considered judgment delivered on 24th March, 2011, the trial court dismissed the Originating Summons of the appellant.
Dissatisfied with the judgment of the trial court, the appellant appealed to the Court of Appeal. The Court of Appeal dismissed the appeal.
Further dissatisfied, the appellant appealed to the Supreme Court.