If you find this case helpful and would like to access more cases like this, please subscribe to LawPavilion PRIME here
CASE TITLE: YAHAYA v. UDI & ORS (2019) LPELR-47426(CA
JUDGMENT DATE: 6TH MAY, 2019
PRACTICE AREA: ELECTORAL MATTERS
LEAD JUDGMENT: ABDULLAHI MAHMUD BAYERO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on Electoral Matters.
FACTS
This is an Appeal against the Judgment of the Federal High Court, Jalingo Division delivered by S. D. Pam J on 6th March 2019 in Suit No. FHC/JAL/CS/1/2019.
The facts of the case are that the Appellant and the 6th Respondent contested the primary election organized by the 7th Respondent for the purpose of selecting the 7th Respondent’s candidate for the 2019 General Election to the office of governor, Taraba State. The primary election took place on 2nd October 2018 and the 6th Respondent emerged victoriously and his form CF001 was submitted to the 5th Respondent by the 7th Respondent on 25th October 2018. The Appellant filed an action before the lower Court wherein they sought for an order disqualifying the 6th Respondent on the grounds that he had lied in his Form CF001.
The Appellant by an application dated the 15/02/2019 prayed for an order joining him as a defendant in the suit. The application for joinder was taken together with the substantive suit. On 6th March 2019 the lower Court held that since the Appellant did not file his action within 14 days as prescribed by Section 285 (9) of the 1999 Constitution (as amended), he was not entitled to the prayer sought.
Dissatisfied, the Appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
The Court determined the Appeal on the following issues:
Appellants issues:
Respondents(6th-7th) issue:
“Whether the learned trial judge was right when he refused the Appellant’s application for joinder. If the answer to the above is in negative, what then is the effect of the non-joinder by the trial Court.”
DECISION/HELD
In conclusion, the Court held that the appeal lacks merit and accordingly dismissed it.
RATIOS:
CASE TITLE: NCS BOARD v. LAWAL (2024) LPELR-62774(CA)JUDGMENT DATE: 18TH JULY, 2024PRACTICE AREA: CIVIL PROCEDURELEAD…
CASE TITLE: KASUWAV v. NIGERIAN NAVY (2024) LPELR-62921(CA)JUDGMENT DATE: 19TH AUGUST, 2024PRACTICE AREA: CRIMINAL LAW…
CASE TITLE: EDIDIONG EYEN DEEP SEA FISHING CO-OPERTIVE INVESMENT AND CREDIT SOCIETY LTD v. MOBIL…
INTRODUCTION The new Supreme Court Rules 2024 (the “2024 Rules”) effectively repealed and replaced the…
CASE TITLE: OKORIE & ANOR v. INEC & ORS (2024) LPELR-62967(CA) JUDGMENT DATE: 9TH OCTOBER,…
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 16th day of…
View Comments
Your style is unique in comparison to other people I have read stuff from. I appreciate you for posting when you have the opportunity, Guess I will just bookmark this web site. There are stuffs you can get on my site: tecteem.