SIR LEONARD UZOMA OKOLIENTA v. ACTION ALLIANCE & ORS
(2019)LCN/13422(CA)
In The Court of Appeal of Nigeria
On Thursday, the 6th day of June, 2019
CA/OW/202/2019(R)
JUSTICES
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
IBRAHIM ALI ANDENYANGTSO Justice of The Court of Appeal of Nigeria
Between
SIR LEONARD UZOMA OKOLIENTA Appellant(s)
AND
ACTION ALLIANCE & ORS Respondent(s)
RATIO
WHETHER OR NOT AN APPEAL FROM A DECISION OF A COURT IN A PRE-ELECTION MATTER SHALL BE HEARD WITHIN 60 DAYS FROM THE DATE OF THE FILING OF THE APPEAL
By the provisions of S.286(12) of the 1999 Constitution as amended by the Fourth Alteration, an appeal from a decision of a Court in a pre-election matter shall be heard within 60 days from the date of the filing of the appeal and disposed of. The notice of appeal in this appeal was filed on 5th April, 2019. The 60 days lapsed on 4th June 2019, 4th of June 2019 was a public holiday. One is tempted to import into the interpretation of the said provision the provisions of the Interpretation Act. However, the Supreme Court in Abubakar v. Nasamu (1) (2012) 17 NWLR. (part 1330) 407 per Adekeye, JSC made it clear that where the limitation of time is imposed in a Constitution, unless the Constitution makes provisions for extension of time, the Courts cannot extend the time. In the circumstances, we lack the competence to take the appeal outside 60 days from the date of its filing. PER AGBO, J.C.A.
RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): By the provisions of S.286(12) of the 1999 Constitution as amended by the Fourth Alteration, an appeal from a decision of a Court in a pre-election matter shall be heard within 60 days from the date of the filing of the appeal and disposed of. The notice of appeal in this appeal was filed on 5th April, 2019. The 60 days lapsed on 4th June 2019, 4th of June 2019 was a public holiday. One is tempted to import into the interpretation of the said provision the provisions of the Interpretation Act. However, the Supreme Court in Abubakar v. Nasamu (1) (2012) 17 NWLR. (part 1330) 407 per Adekeye, JSC made it clear that where the limitation of time is imposed in a Constitution, unless the Constitution makes provisions for extension of time, the Courts cannot extend the time. In the circumstances, we lack the competence to take the appeal outside 60 days from the date of its filing. This appeal is struck out.
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree
?IBRAHIM ALI ANDENYANGTSO, J.C.A.: I agree
2
Appearances:
Azubuike Nwakenta with him, Donald Alisionwu and Achunwa KennethFor Appellant(s)
Malachy Nwaekpa with him, Modestus Ojini for 1st, 3rd & 4th Respondents.
Folashade Aofolaju with her, Sharon Anyaduba for the 5th Respondent
For Respondent(s)
Appearances
Azubuike Nwakenta with him, Donald Alisionwu and Achunwa KennethFor Appellant
AND
Malachy Nwaekpa with him, Modestus Ojini for 1st, 3rd & 4th Respondents.
Folashade Aofolaju with her, Sharon Anyaduba for the 5th RespondentFor Respondent
