CaseLaw
Peters-Pam V. Muhammed (2008) CLR 5(i) (SC)
Judgement delivered on May 30th 2008.
Brief
Facts
Nasiru Mohammed, the 1st Respondent, commenced this matter by originating summons on 29th March, 2007 at the Federal High Court Abuja. He asked for ten reliefs.
They included his expulsion from the All Nigeria Peoples Party (bearing the acronym ANPP) the 2nd Appellant, and his substitution for Barrister (Mrs.)Amanda Austen Peters-Pam, the 1st Appellant, 1st Respondent asked the Court to set aside his substitution and affirm him as the legitimate and bonafide candidate of the ANPP for the Abuja Municipal Area Council (AMAC/Bwari Federal House of Representatives Constituency. He relied on Section 34(2) of the Electoral Act 2006.
The matter was heard by Abubakar J. Based on a written address by Counsel for the 1st Respondent, Mr. Chinedu Umeh, the learned trial Judge gave judgment in favour of the 1st Respondent. That was on 15th April, 2007.
As the 1st Appellant was not served the Court processes in respect of the judgment delivered on 5th April, 2007, Mr. Nwankwo brought an application to set aside the judgment. The application was argued on 18th April. The learned trial Judge set aside the judgment and insisted on hearing the merits of the matter that same day of 19th April, 2007. All efforts by Counsel for the 1st Appellant to give him time to prepare the case of the 1st Appellant failed. The Judge delivered judgment in favour of the Respondent. He granted all the reliefs sought.
Aggrieved, the Appellants went to the Court of Appeal. Their appeal was dismissed. They have come to this Court.