CaseLaw
Rt. Hon. Bello & Anor Vs. Hon. Damisa & Ors (2016) CLR 12(g) (SC)
Judgement delivered on December 9th 2016
Brief
Facts
The 1st respondent and 1st Appellant both contested for the House of Representative election as member representing Okene/Ogori-Magogo Federal constituency of Kogi State.
The 1st respondent was sponsored by the 2nd respondent The People’s Democratic Party (PDP) while the 1st Appellant was also sponsored by the 2nd Appellant The All Progressive Congress (APC).
The 1st Appellant was declared and returned the winner by the 3rd respondent.
Aggrieved, an action was filed before the Kogi State National and State Assemblies Election Petition Tribunal by the 1st and 2nd respondents, challenging the declaration and return of the 1st Appellant as winner of the House of Representative election as member representing Okene/Ogori-Magogo Federal constituency of Kogi State.
However, the tribunal delivered its judgment in favour of the two Appellants.
Dissatisfied with the judgment of the tribunal, the respondents jointly appealed to the Court of Appeal. The Court of Appeal heard the appeal and delivered judgment on same with the 60 days period stipulated by the Constitution of the Federal Republic of Nigeria 1999.
The two appellants filed a motion on notice seeking an order to enlarge time within which they can apply to set aside the judgment and consequential order for having being made without jurisdiction.
On the other hand, the 1st and 2nd respondents filed a preliminary objection challenging the jurisdiction of the Court of Appeal to enter, hear and determine the motion by the Appellants on the grounds that it was filed outside 60days stipulated within which the lower court must dispose of a matter on appeal before it from decisions of an election tribunal.
The Court of Appeal upheld the preliminary objection and declined jurisdiction to entertain the motion and ultimately dismissed the said motion.
Upon further dissatisfaction, the Appellant appealed to the Apex Court.