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CaseLaw

Riruwai V. Shekarau (2007) CLR 7(k) (CA)

Judgement delivered on Shekarau (2007) CLR 7(k) (CA)

Brief

  • Dispensation of Justice
  • Application before court
  • Fair hearing
  • Practice direction

Facts

The facts of this petition and the crux of this appeal is narrow. At the close of pleadings on the 6th July 2007 the Petitioner did not apply for the issuance of pre-hearing notice as prescribed by paragraph 3(1) of the Election Tribunal and Court's Practice Direction 2007. The Respondent also failed to bring an application in accordance with paragraph 3(1) of the Practice Direction. Consequently the Tribunal suo motu thereafter slated the petition for and issued hearing notices to that effect to the parties for July, 2007.

The Petitioners on getting this notice for dismissal filed a motion on notice on the 26th July 2007 which was served on the parties on the 27th July, 2007 at the Tribunal. The learned counsel for the Petitioners insisted that the motion should be heard, even though the Motion on Notice was not ripe for hearing. The Respondents objected to its being heard as the petition as of that date was already dead by reason of non-compliance with paragraph 3(4) Practice Direction.

The Petitioners in their motion prayed for the following orders:

  • 1
    An order of extension of time for the issuance and service of pre-hearing notice and information sheet as in Forms TF 007 and TF 008.
  • 2
    An order of extension of time for the issuance and service of pre-hearing notice and information sheet as in Forms TF 007 and TF 008.
  • 3
    And any other order(s) as this Honourable Tribunal may deem fit to make in the circumstances. From the Record of Proceedings in the Lower Tribunal the 2nd Respondent did in fact file a motion for dismissal also dated 26th July, 2007 but filed on the 27th July, 2007.

    • When the Petitioners' counsel announced that he was ready to move his motion, all the Respondents indicated that they all had Preliminary Objections to the Petitioners' motion. All the learned counsel to the three sets of Respondents moved their Preliminary Objections orally and the Petitioners' counsel replied. The Tribunal then adjourned and thereafter delivered a well considered Ruling. The Tribunal dismissed the petition in line with paragraph 3(4) of the Electoral Tribunal and Court Practice Direction 2007.

Issues

  • 1
    Whether the Honourable Justices of the Kano State election Tribunal...

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