Effect of Judgment in An Appeal Arising from an Election Petition Delivered outside The Prescribed Time Limit

CASE TITLE: PDP v. NYA-ATOK & ORS (2023) LPELR-61560 (SC)
JUDGMENT DATE: 28TH SEPTEMBER, 2023
PRACTICE AREA: ELECTION PETITION
LEAD JUDGMENT: MOHAMMED LAWAL GARBA, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on the time limit for the delivery of judgment in an appeal arising from an election petition.

FACTS:
This appeal is against the decision of the Court of Appeal, Abuja Division, delivered on August 18, 2023, in Appeal No. CA/C/EP/GOV/AK/02/2023.

This appeal is essentially against the decision of the Court of Appeal on a point of law, to wit, whether the time limit to file an appeal under S. 285 (7) of the 1999 Constitution (as altered) can be varied by reason of force majeure or any other reason as provided in S. 285 (7) of the constitution.

The judgment in the appeal before the Court of Appeal was delivered outside the 60 days provided by the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The briefs were adopted before the Court of Appeal on 8-8-2023, and judgment was delivered on 18-8-2023.

The appellant, being aggrieved by the decision of the Court of Appeal, appealed to the Supreme Court.

ISSUES FOR DETERMINATION:
The Court determined the appeal based on a sole issue, thus:

“Whether, having regard to the provisions of Section 258(7) of the Constitution of the Federal Republic of Nigeria 1999, the judgment of the lower Court is a nullity having been delivered more than sixty (60) days from the date of the delivery of judgment by the Tribunal.”

DECISION/HELD:
In the final analysis, the Supreme Court allowed the appeal.

RATIOS:
ELECTION PETITION- APPEAL ARISING FROM ELECTION PETITION: Time within which an appeal arising from an election petition shall be heard and disposed of; effect of judgment delivered outside the prescribed time limit
ELECTION PETITION- APPEAL ARISING FROM ELECTION PETITION: Effect of judgment delivered outside the time limit prescribed by Section 285(7) of the 1999 Constitution (as amended)
ELECTION PETITION- APPEAL ARISING FROM ELECTION PETITION: Time within which an appeal arising from an election petition shall be heard and disposed of; effect of judgment delivered outside the prescribed time limit

lawpavilion

Recent Posts

Breaking Down NERC’s Revised Order on Unauthorized Access, Meter Tampering, and Bypass

INTRODUCTION The Nigerian Electricity Regulatory Commission (NERC) issued an Amended Order on Unauthorized Access, Meter…

3 days ago

You Owe? They Sell: Can a Mortgagee Sell a Mortgaged Property that is Subject of Litigation

CASE TITLE: SAVANNAH BANK PLC V. FAMAKINWA & ANOR LPELR-80721(CA) JUDGMENT DATE: 10TH JANUARY, 2025 JUSTICES:…

3 days ago

Whether Statement of Account Is Sufficient Proof of Debts and Lodgments

CASE TITLE: ACCESS BANK v. BALINWO (2025) LPELR-81219(CA) JUDGMENT DATE:  29TH APRIL, 2025 PRACTICE AREA: BANKING…

3 days ago

Principles Guiding the Court in Making an Order of Retrial in a Criminal Matter

CASE TITLE:  IBRAHIM v. STATE (2025) LPELR-81329(SC) JUDGMENT DATE: 23RD MAY, 2025 PRACTICE AREA: CRIMINAL LAW…

3 days ago

Whether A Party that Alleges that An Election was Invalid Can at the Same Time Seek to  be Declared the Winner of that Election

CASE TITLE: ENABULELE & ANOR v. MONDAY & ORS (2025) LPELR-81266(CA) JUDGMENT DATE: 29TH MAY,…

3 days ago

Benefits of AI-Powered Knowledge Management in Legal Firms

As legal teams grow and evolve, the risk of losing critical insights, especially when experienced…

4 days ago