APPEAL – RIGHT OF APPEAL – Whether an aggrieved party has a right of appeal over a decision/judgment of a trial court in a pre-election matter

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“I am of the solemn view that Section 285(10) of the Constitution of the Federal Republic of Nigeria 1999 as amended does not prohibit an aggrieved party in pre-election matters from appealing the judgment of a High Court in pre-election matter on errors or omission committed by the trial Court in its judgment against the aggrieved party. As a matter of fact, Section 285(11) of the Constitution of the Federal Republic of Nigeria 1999 as amended donated right of appeal to an aggrieved party over a decision or judgment of trial Court in or on pre-election matter. The said subsection 11 of Section 285 of the Constitution of Federal Republic of Nigeria 1999 as amended provides: – “285(11) An appeal from a decision in a pre-election matter shall be filed within 14 days from the date of delivery of the judgment appealed against.” The case of DANTIYE V APC SUPRA is not to the effect that an aggrieved party cannot appeal against decision of a High Court in or on pre-election matters. A party can appeal but where the reliefs he seeks before the Appellate Court is caught by the provisions of the Constitution then this Court will pronounce so. Whether the Appellants’ appeal will or will not succeed on the grounds it is predicated and issues raised will be determined by this Court within the limits of the Appellate jurisdiction conferred on this Court by the Constitution and the Statute as applicable to it. I am of the view that the impugned grounds of appeal are not invalid. The application of the 1st Respondent is refused.” Per IGE, J.C.A. in APC & ANOR v. OBASEKI & ORS (2021-LCER-40451-CA) (Pp 25 – 26) (Pp 25 – 26 Paras A – C)

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