Compulaw - 1st Indigenous Digital Law Library

Brief

Judge (Duty of) - - - - - - -
Interpretation of statute
Computation of time for election petitions
Election petitions
Electoral Appeals – Time within which to hear and determine
Constitution – Supremacy and bindingness of
Section 285(5) of the 1999 Constitution (as amended)
Section 285(6) of the 1999 Constitution (as amended)
Section 285(7) of the 1999 Constitution (as amended)
Section 1(1) of the 1999 Constitution
Section 1(3) of the 1999 Constitution
Section 15(4) of the Interpretation Act, 2004.
Section 2(3) of the Public Holidays Act 2004.

Facts

The consolidated appeals arose from the ruling of the court of Appeal, Holden at Abuja sitting as the Presidential Election Tribunal in petition No. CA/A/EPT/PRESS/1/2011 delivered on the 14th day of July, 2011 on a motion on notice praying the court to dismiss the petition on the ground, inter alia, that the petition was filed on a Sunday thereby rendering same incompetent. The lower court refused to grant the prayers on the motion papers as a result of which appellants appealed to this court vide a notice of appeal filed on the 21st day of July, 2011 and 25th July, 2011 respectively.

All the processes have been duly filed and exchanged between the parties.

When the appeals came up for hearing on the 27th day of October, 2011 learned senior leading counsel for the appellants urged the court to adjourn the appeals to abide the decision/judgment of the lower court on the petition which has been reserved to a date to be communicated to the parties/counsel.

On the other hand, learned senior counsel for the 1st respondent O. Okpeseyi, SAN wondered whether the appeals are still valid before the court having regards to when the decision appealed against was delivered.

Issues

Whether S.285 (7) of the Constitution should be given a liberal interpretation to...

PDP V. CPC (2011) CLR 10(b) (SC)

Judgement delivered on October 31st 2011

Brief

Facts

Issues