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Yelwa v. Umar

ABDULLAHI U. YELWA

PEOPLES DEMOCRATIC PARTY (PDP)

V

GARBA UMAR

& 14 ORS

COURT OF APPEAL

( KADUNA DIVISION )

I. T. MUHAMMAD JCA (Presided and Read the Lead Judgment)

OLUDADE OLADAPO OBADINA JCA

ABUBAKAR ABDULKADIR JEGA JCA

CA/K/EP/NA/12/03

THURSDAY, 25TH MARCH, 2004

APPEAL - Consent judgment - Appeal against - Whether as of right

APPEAL - Grounds of appeal - Defective particulars of - Effect

APPEAL - Grounds of appeal - Nature of

APPEAL - Grounds of appeal - Particulars of - Nature and purpose of

APPEAL - Issues for determination - Need for to flow from the grounds of appeal

APPEAL - Omnibus ground of appeal - Nature of - Formulation of from a decision on a preliminary objection argued on affidavit evidence -  Propriety of

EVIDENCE - Affidavit evidence - Appeal against decision arrived at by way of - Whether omnibus ground of appeal competent in respect thereof

EVIDENCE - Affidavit evidence - Nature of

JUDGMENT AND ORDERS - Consent judgment  Appeal against Whether as of right

JUDGMENT AND ORDERS - Consent judgment - Party who consented thereto - Whether can resile therefrom

Issues:

1.              Whether a party to a consent judgment can resile therefrom.

2.              Whether the ruling of the trial Tribunal can be supported having regard to the weight of the affidavit evidence before it.

Facts:

The appellants were the petitioners before the Governorship and Legislative Houses Election Tribunal for Kebbi State (the Tribunal) which heard petitions arising from the conduct of nationwide elections to the National Assembly by the 2nd respondent on 12th April, 2003. The appellants’ petition before the Tribunal was struck out on the 9th day of June,s 2003 when the Tribunal upheld a notice of preliminary objection challenging the competence of the petition especially on the ground that the petition was presented outside the time allowed by the Electoral Act, 2002. Aggrieved by the decision, the petitioner filed this appeal. The grounds of appeal were objected to by the respondents and the objections were sustained except that which touched on the omnibus grounds of appeal.