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Kamba v. Bawa

HON. ABDULLAHI K. KAMBA

PEOPLES DEMOCRATIC PARTY

V

ALH. IBRAHIM BAWA & 4 ORS

COURT OF APPEAL

( KADUNA DIVISION )

IBRAHIM TANKO MUHAMMAD JCA ( Presided )

OLUDADE OLADAPO OBADINA JCA (Read the Lead Judgment)

ABUBAKAR ABDULKADIR JEGA JCA

CA/K/EP/NA/13/03

THURSDAY, 25TH MARCH, 2004

APPEAL - Consent judgment - Leave to appeal against - Mandatoriness of under section 241(2)(c) of the Constitution, 1999

APPEAL - Grounds of appeal - Where contain argument and narrative -  Incompetence of

ELECTION PETITION - Presentation of - Inadequacy of revenue collector’s receipt as evidence of

ELECTION PETITION - Presentation of under the Electoral Act, 2002 -  What constitutes


ELECTION PETITION - Presentation of - Whether a process under the Electoral Act, 2002

EVIDENCE - Election petition - Evidence of presentation of under the Electoral Act, 2002 - What constitutes - Inadequacy of revenue collector’s receipt as evidence of

INTERPRETATION OF STATUTES - ‘May’ - Where used in relation to the duty of a public officer - Interpretation of

INTERPRETATION OF STATUTES - ‘May’ and ‘shall’ - How construed

JUDGMENT AND ORDERS - Consent judgment  Appeal against - Whether leave mandatory under section 241(2)(c) of the Constitution, 1999

JUDICIAL PRECEDENT - Eminue v. Nkereuwen & Ors. (1966) NSCC 51  - Difference of from instant case

PRACTICE AND PROCEDURE - Preliminary objection - Object of

PUBLIC OFFICER - Duty of - Where the word ‘may’ is used in relation thereto - Whether means ‘mandatory’

STATUTE - Constitution 1999, section 241(2)(c) thereof - Appeal against consent judgment -  Mandatoriness of leave therefor

STATUTE - Duty imposed by statute - Need to comply with method stipulated in statute for performance of

STATUTE - Electoral Act, 2002 - Presentation of election petition thereunder - What constitutes

STATUTE - Electoral Act, 2002 - Presentation of election petition thereunder - Whether a process

WORDS AND PHRASES - ‘May’ - Where used in relation to the duty of a public officer - How interpreted

WORDS AND PHRASES - ‘May’ and ‘shall’ - Construction of

WORDS AND PHRASES - ‘Present’ - Definition of

Issue:

Whether the election petition was presented within the 30 days period prescribed by section 132 of the Electoral Act, 2002.

Facts:

The 5th respondent conducted election on the 12th of April, 2003 into, among others, the House of Representatives for Arewa and Dandi Federal Constituency of Kebbi State. The 1st appellant contested the election under the platform of the 2nd appellant, while the 1st respondent also contested the election but under the platform of the 2nd respondent. The 1 st respondent was declared and returned as winner of the election on the 13 th day of April, 2003. The appellants being dissatisfied with the result of the election, filed a petition against the respondents in respect thereof. The respondents filed a notice of preliminary objection to the petition. The notice of objection was heard and sustained by the Election Tribunal on the grounds that the petition was presented outside the time allowed by the Electoral Act, 2002. Being aggrieved by the ruling, the appellants filed this appeal. Relevant to the determination of this appeal are the provisions of the Electoral Act, 2002, section 132; and paragraph 3(1) of the First Schedule thereto which provides, respectively:

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

“3(1) The presentation of an election petition under this Act shall be made by the petitioner (or petitioners if more than one) in person, or by his solicitor, if any, named at the foot of the election petition to the secretary, and the secretary shall give a receipt which may be in form TF002 set out in the second schedule to this Act.”