Deadline for Appealing Against Pre-Election Judgements.
DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 229)
Deadline for Appealing Against Pre-Election Judgements.
By the constitution of Nigeria, it is impossible to have a political aspirant without a political party. Political parties elect candidates to represent the political parties in elections. Issues of political parties on “… disqualification, nomination, substitution and sponsorship of candidates for an election ….” can result into Pre-Elections disputes. Expectedly, Pre-Elections disputes can end up in the High Courts. And, the decisions (judgments) of courts of law on Pre-Election disputes can be opposed by way of an appeal to the Court of Appeal. However, there is deadline provided by the Constitution of Nigeria for opposing judgments of courts on Pre-Election disputes.
Every judgment of a court on any pre-election case can only be opposed within 14 days from the date that such judgement was delivered. This is a mandatory provision of the Constitution of Nigeria and as such no court can extend the deadline. And, any appeal on a Pre-Election Dispute filed after or outside the 14 days window is invalid.
The deadline for appealing against Pre-Election judgements and the deadline for the courts to deliver judgments are designed to enable Pre-Election disputes to be fully determined ahead of general elections in Nigeria. This work was earlier published with the title; DEADLINE FOR APPEALING AGAINST JUDGEMENT OF COURT ON ANY PRE-ELECTION MATTER.
References:
1. Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 and also Constitution of the Federal Republic of Nigeria, 1999 Alteration (No 21) Act 2017.
2. Supreme Court decision in the case of OBAYEMI TOYIN v. AROGUNDADE SAMUEL MUSA & ORS (2019) LPELR-49328(SC)
3. Supreme Court decision in the case of VIVIAN CLEMS AKPAMGBO-OKADIGBO & ORS v. EGBE THEO CHIDI & ORS (2015) LPELR-24564(SC)
4. Supreme Court decision in the case of FAROUK SALIM v. CONGRESS FOR PROGRESSIVE CHANGE & ORS (2013) LPELR-19928(SC)
5. Onyekachi Umah, ‘Compulsory Date For Courts To Give Judgements In All Pre-election Cases (Party Primaries) In Nigeria’ (SabiLaw.org, )<https://sabilaw.org/compulsory-date-for-courts-to-give-judgements-in-all-pre-election-cases-party-primaries-in-nigeria/> accessed 1 December 2018.
6. Onyekachi Umah, ‘New Mandatory Duration For Judgements on All Appeals on Pre-election Cases in Nigeria’ (SabiLaw.org, 24 November 2018) <https://sabilaw.org/new-mandatory-duration-for-judgements-on-all-appeals-on-pre-election-cases-in-nigeria/> accessed 1 December 2018
7. Onyekachi Umah, ‘Deadline for Appealing Against Pre-Election Judgements’ (SabiLaw.org, 16 November 2018)<https://sabilaw.org/deadline-for-appealing-against-pre-election-judgements/> accessed 1 December 2018
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Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
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