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  • 2004-08-09
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Positive v. Ugbane

IHIABE, SAMSON ABDUL POSITIVE

V

NICHOLAS YAHAYA UGBANE

INDEPENDENT NATIONAL ELECTORAL COMMISSION ( INEC)

RESIDENT ELECTORAL COMMISSIONER, (INEC) KOGI STATE

THE RETURNING OFFICER, (INEC) KOGI STATE SENATORIAL DISTRICT & 45  ORS.

COURT OF APPEAL

(ABUJA DIVISION)

IBRAHIM T. MUHAMMAD, JCA ( Presided and Read the Lead Ruling )

ZAINAB ADAMU BULKACHUWA, JCA

ALBERT GBADEBO ODUYEMI, JCA

CA/A/EP/36/2004

THURSDAY, 6TH MAY, 2004 

APPEAL - Record of appeal - Accuracy of - How to challenge

APPEAL - Record of appeal - Compilation of - Objection to the inclusion of a document by registrar or party - Effect - Order 3 rule 9(3) Court of Appeal Rules, 1981 , considered

APPEAL - Record of appeal - Contents of

APPEAL - Record of appeal - Cost of production of - Whose duty to pay

APPEAL - Record of appeal - Definition of

APPEAL - Record of appeal - Power of court to allow party bring in documents omitted during compilation - Discretionary nature of

APPEAL - Record of appeal - Presumption of accuracy of


APPEAL - Record of appeal - Settlement of - Whose duty

APPEAL - Record of Appeal - Supplementary record of appeal Application for leave to file - When appeal court will refuse

COSTS - Appeal - Record of appeal - Cost of production of - Payment for - On whom lies

PRACTICE AND PROCEDURE - Record of appeal - Accuracy of How to challenge

PRACTICE AND PROCEDURE - Record of appeal - Compilation of Documents omitted at the stages of - Application for leave to file -  When appeal court will refuse

PRACTICE AND PROCEDURE - Record of appeal - Cost of production of - Payment for - On whom lies

PRACTICE AND PROCEDURE - Record of appeal - Settlement of Whose duty

PRACTICE AND PROCEDURE - Record of appeal - Supplementary record of appeal - Application for leave to file - When appeal court will refuse

STATUTE - Court of Appeal Rules, 1981, Order 3 rule 9(3) - Compilation of record of proceedings - Objection to inclusion of document by registrar or party - Effect

WORDS AND PHRASES - ‘Record’ of appeal - Definition of

Issue:

Whether in the circumstances of this case, the appeal court will exercise its discretion in favour of the applicant in granting leave to file documents omitted at the stages of compilation of records of appeal.

Facts:

The appellant to an election petition, in the course of hearing the petition filed this motion on notice asking for the following reliefs:

1.              Leave to file and use as supplementary record of appeal the record attached herewith and marked exhibit P4.

2.              An order deeming exhibit P4 herewith attached, duly filed and served on the parties herein as a supplementary record of proceedings for use and determination in this appeal.

3.              An order extending time within which the appellant/applicant herein can file his brief of argument.

The appellant/applicant’s motion was moved. But the respondents opposed it contending that what the applicant sought to add to the record of appeal was not part of the record of proceedings of the lower court, and that the documents exhibited were irrelevant to the determination of the issues in the appeal. The Court of Appeal decided the application by considering the proper situations and procedure for bringing in other documents omitted at the stages of compilation of records of appeal.