ANPP V. Sen. Usman Albishir, INEC
IN THE SUPREME COURT OF NIGERIA HOLDENATABUJA ON FRIDAY. THE 19TH DAY OF FEBRUARY. 2010 BEFORE THEIR LORDSHIPS DAHIRU MUSDAPHER JUSTICE, SUPREME COURT GEORGE A. OGUNTADE JUSTICE, SUPREME COURT FRANCIS F. TABAI JUSTICE, SUPREME COURT IBRAHIM T. MUHAMMAD JUSTICE, SUPREME COURT OLUFUNLOLA O.ADELEKE JUSTICE, SUPREME COURT SC. 133/2009 BETWEEN: ALL NIGERIAN PEOPLES PARTY ..... APPELLANT AND 1. SENATOR USMANALBISHIR ) 2. INDEPENDENT NATIONAL ELECTORAL COMMISSION )……… RESPONDENTS) Court History: - High Court from which case arose: Federal High Court of Maiduguri Judicial Division (Coram:Hobon, J.) - Date of High Court Judgment: 21st February, 2007. - Court of Appeal from which Appeal arose: Court of Appeal, Jos Judicial Division (Coram'Aboki, (delivered the Leading Judgment), Mukhtar and Ndukwe, JJCA., (Concurring) - Date of Court of Appeal Judgment: 8th April, 2009. MAIN ISSUES: COURT - Extension of time within which to Appeal - Application for - duty on Court to exercise discretion judiciously. APPEAL - Extension of time within which to Appeal - Application for - what Applicant must show - governing principles for grant of -when Appellate Court will interfere. Facts: The 1st Respondent before the Supreme Court, was the Applicant before the Court of Appeal where he sought three principal reliefs, which read:- " 1. An Order extending the time within which to seek leave to Appeal against the Ruling of Hon. Justice Adamu Hobon of the Federal High Court, Maiduguri in Suit No: FHC/MG/CS/08/07 between Senator Usman Albishir v. Independent National Electoral Commission (INEC) N Anor. which said Ruling was delivered on 21 February 2007. 2. An Order granting leave to the Appellant to Appeal against the Ruling of Hon.
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