Effect Of Failure To Hear And Dispose Of A Pre-Election Matter Within Time

CASE TITLE: CHUKWURAH v. APC & ORS (2023) LPELR-59735(CA)

JUDGMENT DATE: 10TH FEBRUARY, 2023

PRACTICE AREA: ELECTORAL MATTERS

LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on time for the disposal of a pre-election matter.

FACTS:

This is an appeal against the decision of the Federal High Court, sitting at Anambra State.

The matter is in respect of the primary election of the 1st Respondent for Oyi/Ayamelum Federal Constituency at the forthcoming general election, slated for 25th February, 2023. The 4th Respondent was declared winner and the Appellant challenged the declaration of the 4th Respondent on the basis that the 4th Respondent is in breach of constitutional provisions and requirements.

​The 1st and 4th Respondents filed Counter Affidavits in opposition to the action and the 1st Respondent further filed a preliminary objection, challenging the jurisdiction of the Court to entertain the action on the ground that the action was statute barred.

In its judgment, which was delivered on 5th December 2022, the Court, proceeded to determine and uphold the preliminary objection. Dissatisfied. appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The issue for determination before the Court was whether it had jurisdiction on the appeal.

DECISION/HELD:

In conclusion, the appeal was struck out.

RATIOS:

• ELECTORAL MATTERS – PRE-ELECTION MATTERS: Time limit within which the Court can hear and dispose of a pre-election matter; effect of failure thereof
• ELECTORAL MATTERS – PRE-ELECTION MATTERS: Effect of a decision delivered after the expiration of the 180 days prescribed by statute for delivery of judgment in a pre-election matter
• INTERPRETATION OF STATUTE – RULES OF INTERPRETATION OF CONSTITUTION: Guiding principles in the interpretation of constitutional and other statutory provisions
• ELECTORAL MATTERS – COMPUTATION OF TIME: Whether the Interpretation Act is applicable in the computation of time in election matters
• JURISDICTION – APPELLATE JURISDICTION: Whether an appellate court can exercise jurisdiction over a matter where the lower Court(s) lacks jurisdiction