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MR. CYRIL FASUYI & ORS v. PEOPLES DEMOCRATIC PARTY & ORS

(2017) LPELR-43462(SC)

In The Supreme Court of Nigeria

On Friday, the 15th day of December, 2017

SC.759/2016(R)


Before Their Lordships

MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria

OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria


Between

1. MR. CYRIL FASUYI
2. MR. DOTUN ONIPEDE
3. MR. VICTOR BAMIDELE
4. MR. BANJI OYINLOYE - Appellant(s)

AND

1. PEOPLES DEMOCRATIC PARTY (PDP)
2. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
3. HON. CHIEF THADDEUS AKINOLA AINA - Respondent(s)


Other Citations

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Summary

INTRODUCTION:
This is a ruling on an application for Extension of Time within which to Seek Leave to Appeal against the Judgment of the Court of Appeal.

FACTS:
The appellants/applicants by a motion filed on the 27th day of March, 2017 sought the extension of time within which to seek leave of the Supreme Court to Appeal against the judgment of the Court of Appeal in CA/A/296/2015 delivered on the 16th day of May, 2016 on grounds other than grounds of law alone and the accompanying reliefs including deeming orders for the Notice of Appeal already filed and appellants' brief of argument.

The Applicants herein and the 3rd Respondent are members of the 1st Respondent. The 1st Respondent is a political party with its headquarter in Abuja, while the 2nd Respondent is a body charged with conduct of National Elections in Nigeria.

The Applicants were dissatisfied with the primary election of their party that was conducted on the 6th of December, 2014 at Ado-Ekiti for the purpose of selecting a candidate for election into the House of Representative. They challenged the primary election by taking out an originating summons at the Federal High Court, Abuja. They lost. Their appeal to the Court of Appeal was dismissed. Their notice of appeal to the Supreme Court, filed on the 1st of September, 2016 contains nine grounds of appeal. By a notice of preliminary objection to the hearing of the appeal filed on the 14th March, 2017, the 3rd Respondent challenged the competence of the appeal on the ground that all the Grounds of Appeal are incompetent because the appellants failed to obtain leave as provided for by the rules of the Supreme Court.

The present application has been brought by the Appellants to cure the defect highlighted in the preliminary objection aforesaid.

ISSUES:
Applicants submitted one issue for determination in this application which was: -
Whether the Appellants/Applicants' are entitled to the exercise of the discretion of this Honourable Court to grant the reliefs in this application."

3rd Respondent submitted a lone issue for determination in this Application which was: -
"Whether from the facts and circumstances of this case, the Appellants/Applicants' are entitled to the reliefs sought in their application."


DECISION/HELD:
In the final analysis, the Supreme Court held that the application lacked merit and it was accordingly dismissed. Accordingly, the said notice of appeal was struck out for being incompetent.


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