TABURA OMOTAYO SALIU V. MUIDEEN ADENIYI ADESANYA & ORS
(1999)LCN/0562(CA)
In The Court of Appeal of Nigeria
On Friday, the 19th day of February, 1999
CA/L/ET/3/99
JUSTICES:
ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria
IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Between
TABURA OMOTAYO SALIUA ppellant(s)
AND
- MUIDEEN ADENIYI ADESANYA
2. J. I. TAIWO
(The Electoral Officer for Epe Local Government)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION Respondent(s)
RATIO
WHETHER OR NOT SATURDAY IS A PUBLIC HOLIDAY IN FILING AN ACTION AT THE REGISTRY OF ELECTION TRIBUNAL
The issue raised in this appeal is the same as the issue or question that was considered in the case of Soulabiu O. Balogun v. Kehinde Odumosu and 2 Ors CA/L/ET/2/99: (1999) 2 NWLR (P1.592) 590 an election petition case, The point to be determined there is whether Saturday is a Public holiday which by its nature would make it impossible to file an action on that date in the registry of Election Tribunal. In a considered judgment this court held that Saturday is not a Public holiday and section 82 of the Local Government (Basic Constitutional Transitional Provision) Decree No. 36 1998 is meant to be construed strictly and not liberally as by the terms of the total provision of the enactment time is of the essence. The message sent is that the dictates of Public holiday policy would not admit or the leisure of extension of time or failure to file a process before the time schedule expires. PER PATS-ACHOLONU, J.C.A
PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The issue raised in this appeal is the same as the issue or question that was considered in the case of Soulabiu O. Balogun v. Kehinde Odumosu and 2 Ors CA/L/ET/2/99: (1999) 2 NWLR (P1.592) 590 an election petition case, The point to be determined there is whether Saturday is a Public holiday which by its nature would make it impossible to file an action on that date in the registry of Election Tribunal. In a considered judgment this court held that Saturday is not a Public holiday and section 82 of the Local Government (Basic Constitutional Transitional Provision) Decree No. 36 1998 is meant to be construed strictly and not liberally as by the terms of the total provision of the enactment time is of the essence. The message sent is that the dictates of Public holiday policy would not admit or the leisure of extension of time or failure to file a process before the time schedule expires.
In this case the appeal was filed on 21/12/98 when the last date fell on 19/12/98. It is not within the contemplation of the Decree to add extra date to the date of termination of doing an act to accommodate a sleeping party. Section 82 of the Decree is intended to be strictly construed. Failure to file a process on an earlier date is fatal to the case of the appellant.
In the final result the appeal fails and is dismissed with costs assessed of N3000.00.
IGE, J.C.A.: I have had the advantage of a preview of the judgment just delivered by my learned brother Pats-Acholonu, J.C.A. I agree intoto with his reasoning and conclusions.
I also dismiss the appeal with N4,000.00 costs.
SANUSI, J.C.A.: I have had the privilege of reading in advance the judgment just delivered by my learned brother Pats-Acholonu, J.C.A. I agree with him entirely that the appeal is non meritorious and should be dismissed.
The lower tribunal was right in striking out the petition as it was filed out of time contrary to the provisions of section 82 of Decree No. 36 of 1998. I abide by the consequential orders of my learned brother including that of costs.
Appeal dismissed.
Appearances
B.A.M. Fashanu, For Appellant
AND
P.O. Ige. For Respondent
