BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Yusufu vs. Obasanjo
  • 172
  • 2003-09-15
  • ₦ 200
  • Buy Now

Yusufu vs. Obasanjo

ALHAJI MOHAMMED DIKKO YUSUFU & ANOR.

V

CHIEF OLUSEGUN AREMU OKIKIOLA OBASANJO & ORS.

COURT OF APPEAL

( ABUJA DIVISION )

UMAR ABDULLAHI, PCA ( Presided and Read the Lead Ruling )

GEORGE ADESOLA OGUNTADE, JCA

MAHMUD MOHAMMED, JCA

SYLVESTER ADIEWERE NSOFOR, JCA

FRANCIS FEDODE TABAI, JCA

CA/A/EP/1/M2/03

THURSDAY, 5TH JUNE, 2003

ELECTION PETITION - Amendment of election petition - Section 132 paragraph 14(2) of the First Schedule to the Electoral Act No. 4 of 2002 -  How construed

ELECTION PETITION - Amendment of petition -Limitation period for amendment of an election petition - When substantial amendment will not be allowed

ELECTION PETITION - Joinder of parties - Whether application for can be made or granted outside the time limited for filing election petition

ELECTION PETITION - Limitation period for filing of - Leave for extension of time to file election petition or join a party to an election petition -  Whether proper to seek outside the time limited for filing election petition

EVIDENCE - Whether evidence need be pleaded

INTERPRETATION - Court - Duty of in the interpretation of statutes INTERPRETATION - Statutory interpretation - Duty of court in the interpretation of statutes

INTERPRETATION - Statutory interpretation - Electoral Act No. 4 of 2002 - Section 132 thereof - How construed - Whether clear and unambiguous

LEGISLATION - Electoral Act No. 4 of 2002 - Section 132 and paragraph 14(2)  of the First Schedule thereto - Whether ought to be amended with respect to the time limited for amendment of election petition

LIMITATION LAW - Amendment of election petition - Leave for extension of time to file election petition or join a party thereto - Whether proper to seek outside the time limited for filing petition

PARTIES - Election petition - Joinder of parties thereto - Whether application for can be granted outside the time limited for filing election petitions

PRACTICE AND PROCEDURE - Election petition - Application for joinder of parties thereto - Whether can be granted outside the time limited for filing election petition

PRACTICE AND PROCEDURE - Pleadings - Evidence - Whether need be pleaded

STATUTE - Statutory interpretation - Electoral Act No. 4 of 2002 - Section

132  thereof - How construed - Whether clear and unambiguous WORDS AND PHRASES - ‘Amendment’ explained

Issue:

Whether substantial or material amendments can be made to an election petition outside the time limited for filing the petition under section 132  and paragraph 14(2) of the First Schedule of the Electoral Act No. 4 of 2002.

Facts:

The petitioner filed his petition on the 2nd day of May, 2003. On the 21 st day of May, 2003 he filed this application for amendment of his petition. Some of the reliefs sought by the application are substantial and material and capable of energizing the petition in certain respect. In the determination of the appeal, the Court of Appeal considered section 132 of the Electoral Act No. 4 of 2002 and paragraph 14(2) of the First Schedule to the same Act as well as the facts or reliefs to be construed as substantial or material in the context of the Act.

Section 132 of the Electoral Act provides:

“An election petition under this Act shall be presented within thirty (30) days from the date the result of the election is declared”.

14(2) After the expiry of the time limited by -

(a) Section 154 of this Act for presenting the election petition, no amendment shall be made:

(i)            introducing any of the requirement of subparagraph (i) of paragraph 4 of this schedule not contained in the original election petition filed, or

(ii)          effecting a substantial alteration of the ground for, or the prayer in the election petition; or

(iii)        except anything which may be done under the provisions of sub-paragraph (3) of this paragraph, effecting a substantial alterations of or addition to, the statement of facts relied on to support the ground for; or sustain the prayer in the election petition.”