ELVIS S. CHINDA v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS
(2019)LCN/13227(CA)
In The Court of Appeal of Nigeria
On Friday, the 10th day of May, 2019
CA/A/281/2019(R)
JUSTICES:
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria
STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria
Between
ELVIS S. CHINDA – Appellant(s)
AND
1. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
2. EZENWO NYESOM WIKE
3. PEOPLES DEMOCRATIC PARTY – Respondent(s)
RATIO
WHETHER OR NOT A COMPETENT APPEAL WILL BE SET DOWN FOR HEARING
The decision of this Court had been pronounced in respect of the said motion and this Court held that the motion was lacking in substance and was dismissed. The Court then held that the appeal was competent and it was set down for hearing. PER ADAH, J.C.A.
STEPHEN JONAH ADAH, J.C.A. (Delivering the Lead Ruling): The 2nd and 3rd Respondents brought this application filed on 23/04/2019 praying for the following reliefs:
1. AN ORDER of the Honorable Court setting aside its Ruling/Order made on 11 April 2019 in this Appeal No. CA/A/281/2019 Between Elvis S. Chinda V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS wherein it granted leave to the Appellant to amend his Notice of Appeal dated 19th March 2019 but filed 20th March 2019: in that the said Order was null and void having been made without jurisdiction on the part of this Honorable Court.
2. AN ORDER striking out and/or dismissing the Appellant’s Appeal No. CA/A/281/2019 Between Elvis S. Chinda V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS on the ground that the Notice of Appeal is fundamentally defective and incurably incompetent.
3. AND for such further ORDER or other ORDERS as this Honorable Court may deem fit to make in the circumstances of this case.
At the hearing of the motion on 6/5/19 it was agreed by parties that this motion shall abide by the decision of this Court in the Sister motion on notice
1
filed in Appeal No: CA/A/280/2019.
The decision of this Court had been pronounced in respect of the said motion and this Court held that the motion was lacking in substance and was dismissed. The Court then held that the appeal was competent and it was set down for hearing.
The same applies to the instant motion. This motion filed on 23/4/2019 in this appeal is therefore dismissed. The appeal No: CA/A/281/2019 is competent and it is hereby set down for hearing.
ABUBAKAR DATTI YAHAYA, J.C.A.: I agree
TINUADE AKOMOLAFE-WILSON, J.C.A.: I agree
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Appearances:
A.G. William Wobodo, Esq. For Appellant(s)
S.O. Ibrahim, Esq. for the 1st Respondent.
C.P Aninwoya, Esq. for the 2nd and 3rd Respondent/Applicant. For Respondent(s)
Appearances
A.G. William Wobodo, Esq. For Appellant
AND
S.O. Ibrahim, Esq. for the 1st Respondent.
C.P Aniwoya, Esq. for the 2nd and 3rd Respondent/Applicant. For Respondent
