CaseLaw
Ugba Vs. Suswam (2012) CLR 6(n) (SC)
Judgement delivered on June 8th 2012
Brief
Facts
This appeal is against the judgment of the Court of Appeal, Makurdi Judicial Division, (hereinafter called the court below), delivered on the 12th day of April, 2012 in an interlocutory appeal filed by the appellants against the Ruling of the Benue State Governorship Election Tribunal Holden at Makurdi, delivered on 13th February, 2012 in Petition No. GET'BN/02/2011.
The court below on the 19th September. 2011 had allowed the appeal filed by the present Respondents and struck out the petition of the appellants before the Election Tribunal for improper commencement of pre-hearing session.
The appellants appealed to this court and on the 14th November, 2011, this court in appeal No. SC.360/2011 allowed the appeal and ordered the petition to be heard on the merits. It is note worthy that this court in the appeal, confined itself to the sole issue of whether paragraph 47 (1) of the 1st Schedule to the Electoral Act, 2010 was applicable to an application under paragraph 18(1) and (3) of the same schedule.
When the matter came up again before the trial tribunal as ordered, with a new panel, the appellants brought an application filed on 28/01/2012 seeking, inter alia, the following reliefs:
In its considered ruling, notwithstanding the vigorous objection by the respondents, the tribunal granted the restoration of ground three of the petition earlier struck out as sought but refused to enter judgment against the respondents in favour of the appellants as Petitioners.
Aggrieved by the refusal to enter judgment in their favour against the respondents, the appellants appealed on that sole ground.
However, on the 28th February, 2012 the Tribunal applied the decision of this court in Action Alliance v INEC X 4 Ors. in Appeal No. 5C.23/2012 delivered on 14/2/2012 and the consolidated appeals of All Nigeria Peoples Party v Alhaji Mohammed Com & Ors. (2012) 7 NWLR (Pt 1298) 14 and struck out the appellants" petitions.
The Petitioners were dissatisfied and therefore filed their appeals on 29/2/20I2 and 12/3/2012. The court below on 24/4/2012 based on the Preliminary Objection of the respondents that the appeal had become an academic exercise had struck out the appeal
Aggrieved by the order of the court below which struck out the interlocutory appeal led to the instant appeal.
At the hearing of the appeal on the 4th June, 2012, the 3rd respondent through its counsel, J.S. Okutepa, SAN indicated that he had a Preliminary Objection in respect of appeal No.SC.191/2012. He filed a separate Notice to that effect on 28/5/2012 and also raised it in the brief of argument filed on 01/06/2012 but deemed as properly filed and served on 04/6/2012. He sought leave of court to move his objection.
Mr. Akeredolu, learned senior counsel to the appellants referred to the appellant's reply brief of argument in response to the merits of the 3rd respondent's Preliminary Objection. The said reply was filed within time on 4/6/2012 only for SC.191/2012.
It was later agreed by both parties that since the three appeals (SC.191/2012, SC.191A/2012 and SC.192/2012) are based on the same decision of the court below, the preliminary objection should be taken first and ruled upon.
Issues
Whether the trial Tribunal has jurisdiction to hear a petition after 180 days from...