Effect of Judgment in An Appeal Arising from an Election Petition Delivered outside The Prescribed Time Limit

CASE TITLE: PDP v. NYA-ATOK & ORS (2023) LPELR-61560 (SC)
JUDGMENT DATE: 28TH SEPTEMBER, 2023
PRACTICE AREA: ELECTION PETITION
LEAD JUDGMENT: MOHAMMED LAWAL GARBA, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on the time limit for the delivery of judgment in an appeal arising from an election petition.

FACTS:
This appeal is against the decision of the Court of Appeal, Abuja Division, delivered on August 18, 2023, in Appeal No. CA/C/EP/GOV/AK/02/2023.

This appeal is essentially against the decision of the Court of Appeal on a point of law, to wit, whether the time limit to file an appeal under S. 285 (7) of the 1999 Constitution (as altered) can be varied by reason of force majeure or any other reason as provided in S. 285 (7) of the constitution.

The judgment in the appeal before the Court of Appeal was delivered outside the 60 days provided by the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The briefs were adopted before the Court of Appeal on 8-8-2023, and judgment was delivered on 18-8-2023.

The appellant, being aggrieved by the decision of the Court of Appeal, appealed to the Supreme Court.

ISSUES FOR DETERMINATION:
The Court determined the appeal based on a sole issue, thus:

“Whether, having regard to the provisions of Section 258(7) of the Constitution of the Federal Republic of Nigeria 1999, the judgment of the lower Court is a nullity having been delivered more than sixty (60) days from the date of the delivery of judgment by the Tribunal.”

DECISION/HELD:
In the final analysis, the Supreme Court allowed the appeal.

RATIOS:
• ELECTION PETITION- APPEAL ARISING FROM ELECTION PETITION: Time within which an appeal arising from an election petition shall be heard and disposed of; effect of judgment delivered outside the prescribed time limit
• ELECTION PETITION- APPEAL ARISING FROM ELECTION PETITION: Effect of judgment delivered outside the time limit prescribed by Section 285(7) of the 1999 Constitution (as amended)
• ELECTION PETITION- APPEAL ARISING FROM ELECTION PETITION: Time within which an appeal arising from an election petition shall be heard and disposed of; effect of judgment delivered outside the prescribed time limit