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Chukwuka vs. Emmanuel

BRIDGET CHUKWUKA

V

ILOEGBUNAM EMMANUEL & 33 ORS

COURT OF APPEAL

( ENUGU DIVISION )

JAMES OGENYI OGEBE JCA(  Presided )

SULEIMAN GALADIMA JCA ( Read the Lead Ruling )

JA’FARU MIKA’ILU JCA

CA/E/EPT/7/2004

THURSDAY 7TH, OCTOBER, 2004

APPEAL - Extension of time within which to file additional grounds of appeal in election petition - Power of Court of Appeal to grant

CONSTITUTIONAL LAW - Constitution of the Federal Republic of Nigeria, 1999, section 294(1) thereof - Purport of

COURT - Court of Appeal - Extension of time in an election petition to file additional grounds of appeal - Powers of to grant same Whether fettered by provisions of the Electoral Act

[2005]  All FWLR                              Chukwuka  vs. Emmanuel                                          1395

COURT - Discretionary powers of - How exercised

PRACTICE AND PROCEDURE - Court of Appeal Rules, 2002- Powers of Court of Appeal to extend time to file additional grounds of appeal under - Whether extends to election petition

STATUTE - Court of Appeal Rules, 2002 - Powers of Court of Appeal to grant extension of time within which to file additional grounds of appeal hereunder - Whether extends to election petition

Issue:

Whether the powers of the Court of Appeal to grant leave to file additional grounds of appeal outside the required time in election petitions are curtailed by the provisions of the Electoral Act.

Facts:

The 1st respondent contested the election into the Anambra State House of Assembly under the platform of All Progressive Grand Alliance ( APGA). He filed a petition on 2nd June,2003 challenging the return of the appellant/applicant of the Peoples Democratic Party (PDP) and he was declared as duly elected into the Anambra State House of Assembly representing Njikoka I Constituency.

The appellant being dissatisfied, filed a notice of appeal on 18th December, 2003 with five grounds of appeal. On 2nd March, 2004, he filed this present application praying the court for the following reliefs:

1)             Extension of time within which to file additional grounds of appeal.

2)             Leave to file and argue additional grounds of appeal dated 1st March, 2004 and filed in this court and attached hereto as exhibit A.

3)             An Order deeming the said additional grounds of appeal already argued in appellant’s brief of argument as duly filed and served, the prescribed fees having been paid.